Da possibilidade de criação, por meio de negócio jurídico processual, de hipótese de bloqueio de bens antes da citação do devedor no processo de execução por quantia certa

Abstract

This article seeks to know if it is possible for the parties, in a contract, to create forms of judicial constriction of assets even before the service of process of the debtor, in the case of execution action arising from this contractual relationship. This is because it is already known that the Code of Civil Procedure is concerned with the effectiveness of the execution, so much that it allows premonitory registration (article 828 of the Brazilian civil process code) and judicial mortgage (article 495 of the Brazilian civil process code) that are independent of any demonstration of risk to the outcome of the process or probability of the right, but only that the execution is received by the judge, in the first case, and that there is a sentence, even if challenged by an appeal with suspensive effect, in the second. These forms of constriction, however, do not reach all of the debtor's assets and therefore only work for assets subject to registration. The question, then, that is intended to be answered is: would it be possible to create, with azo in article 190 of the CPC, forms of judicial constriction of other assets, even before the debtor's summons, such as the seizure of money in financial institutions? In order to answer this question a literature review had been carried out, but jurisprudence had also been analyzed regarding procedural legal transactions. The work begins with a detailed analysis of what is the procedural legal business and its limits, and then goes into the subject of its use with the object of study. It was concluded by the possibility, observed some considerations that, in summary, tangibly meet the requirements of validity common to all procedural legal business