A responsabilidade objetiva do exequente e suas consequências (artigo 776 do Código de Processo Civil)

Abstract

This study aims to analyze the occurrence of the exequent’s procedure responsibility, when the obligation that he intends to receive is declared non-existent by judicial decision. We investigated doctrine and the results in trials in this context. We begin Begins with the conceptualization of responsibility as a judicial phenomenon; afterwards we identify the types of responsibility, the subjective and the objective ones and their assumptions. Then we approach procedure responsibility, the core of the study as follows: (a) differences and similarities between procedural and material responsibility; (b) existence and independence of procedural responsibility; (c) kinds of responsibility in Civil Procedure Code; (d) examples of objective responsibility and process of determining the quantum debeatur; (e) the assumptions on civil procedural responsibility; (f) the procedural responsibility in Foreign Laws; (g) the evolution of article 776 in Civil Procedure; (h) the kind of procedural responsibility in this article; (j) the possibility claiming non-existent obligation as a defense in the execution or enforcement of court order; (k) Concept of non-existent obligation; (l)receiving damage procedure. We conclude by exposing the 776th article of Civil Procedure Code to the criteria for assessing Norberto Bobbio’s legal standard. We found out at the end the need of modifying this article text (and we suggest how to do it) to achieve its real effectiveness, within the national legal system. Therefore, we aimed to carry out a methodical work, with doctrines and exposition of results so that the institute of civil procedural responsibility has its primary function in the legal system