O efeito suspensivo da apelação nos embargos monitórios

Abstract

With the commencement of the new Code of Civil Procedure, on March 18, 2016, and the consequent edition of article 702, § 4, part of the doctrine began to affirm that the appeal filed against the sentence that decides the monitory embargoes no longer has supersedeas effect ope legis. In view of this, the objective of this monograph is to present a study about the alteration of understanding about the effects in which the appeal should be received when interposed against the sentence that judges the monitory embargoes. Thus, for the subject to be correctly delineated, the work approaches the monitory procedure as a whole, commencing on the exposure of the influence resulting from foreign legal systems, which eventually delineated the institute in our legal system, passing through the formalities and legal requirements of this type of action and, finally, taking a direct approach to the monitory embargoes, appeal and supersedeas effect. Therefore, in view of the foregoing, it was concluded that the appeal filed in the face of the judgment, which judges the monitory embargoes, does not have supersedeas effect ope legis, in view that § 4, of article 702, interpreted jointly with Article 995, both of the Code of Civil Procedure, limit the suspension of the effectiveness of the monitory mandate only until the judgement in first degree