Precedentes: extinção e suspensão da execução forçada

Abstract

The present study has demonstrated the origins of the enforcement and executive prosecution the time when it was guaranteed the right to revenge the creditor, without any prior agreement or knowledge of the relationship with the debtor through the historical method. We have done some considerations about the reforms taking place in the Civil Prosecution Code by the laws 8952/1994, 8953/1994, 10444/2002, 11232/2005 and 11382/2006, which so far are in force generating effects. We talk, in an abbreviated form, on the executive procedure in some European countries for which trough the analytical method may conclude that they walk off the Legal field. We emphasize the executive custody within the executive civil prosecution and the essential elements to its existence, as well as some indispensable principles to the practical realization of law, distinguishing them from conceptualizing the judicial and extrajudicial titles. The executive sanction was conceptualized in the light of Liebman´s thought. We slightly differentiate the means of execution and the mechanisms of patrimonial expropriation. Through the empirical method, we highlight three issues that are present in everyday forensic due to the evolutionary speed of our society. The study has identified a solution, after a careful observation of the analyzed Legal facts, concluding that the creation of rules in the light of Superior Courts´ precedents would be the cure for various instabilities and inconsistencies of the system