Cumprimento de sentença à luz do novo Código de Processo Civil

Abstract

With the change of the procedural legislation of the Civil Law, some devices emanated, also as the complementation of others, which were already positive by the previous text. The transformation of some procedures, several divergences and doubts about the application of the law have arisen, so that almost two years after the promulgation of the codex, there is still incongruity in jurisprudence on some issues. The implementation phase, core of the present study, it was not different, a comparison is made between the old legal text and the current one, pointing out the innovative changes, and the points that are still controversial at the time of application. Deepening the content, we can see compliance with the sentence as the legal way to effect judicial protection, therefore, the most expected phase by the holder of the acquired right. The new Code of Civil Procedure brought new features to the subject, introducing elements that were already applied by magistrates according to the extensive interpretation of some provisions of the old law, which were not foreseen by the legislator in the preparation of the previous procedural text. In this way, evolving and bringing several benefits both for res judicata and for extrajudicial titles