A execução de sentenças declaratórias

Abstract

This monographic work has as its central theme the possibility of enforcement of judgments declaratory. To this end, it is essential to analyze about the judicial acts and classification of sentences, since there are doctrinal divergence on the subject. For sure it becomes important the analysis of each species or subspecies of sentences, in order to understand the beginning of any legal debate. After, interesting elucidate the execution, is the procedure of execution (in view of the existence of the syncretic process) as the process as Executive. Being that the latter will not be deeply discussed, given that the need for demarcation of the theme proposed. In this discussion, it is important to note that there are requirements is to be filled by running, being that one must fill out general requirements for all legal actions as conditions of action and procedural principles but also specific requirements of execution: default and enforcement (judicial or extra-judicial). However, in this work will only be analyzed regarding the judicial enforcement order, which comes from a jurisdictional provision. Finally, the possibility of execution of declaratory sentence was intensified by the validity of the law 11. 2322005 which amended the code of Civil procedure and added the article 475-N. Thus was removed the term "damning" of the legal text intensifying doubts about which judgments would be enforceable judicial and, consequently, instruments for the formalization of execution. In this sense is that made broad discussion, but objectively, so that determines the applicability of the topic. Took the bibliographical study procedure addressing questions about the concepts of judicial acts, the classification of judgments, enforcement and securities executives, as well as pointing out the characteristics and General requirements for the formation of the process or procedure of executing, subjecting yourself to doctrinal research and case law, in order to ensure the integrity of the theoretical and practical object of study. Soon, the topic under review, should be studied in detail, since the legal studies should always prioritize your upgrade and, mainly, by monitoring the factual and legal situations which the company performs.