O conceito de liquidez da obrigação de pagar quantia a partir de uma perspectiva objetiva

Abstract

This dissertation addresses the liquidation of a judgment in the context of individual civil proceedings involving an order to pay a certain amount, with the main purpose of providing a more objective definition concerning liquid judgments. The definitions that exist today have not been enough to settle the different views regarding the concept of “liquidity”, with serious practical consequences. In this sense, when enforcement of a judgment is allowed even in the face of an illiquid obligation, it leads to two main negative effects: (i) the debtor's assets are subject to the creditor's discretion, even if the creditor is guaranteed a subsequent defense; (ii) the judge's control over the regularity of the enforcement of the judgment is compromised, in the light of article 524, paragraph 1, of the CPC/2015 (Code of Civil Procedure of 2015), due to the fact that the judge does not know the extent of the amount owed. In order to bring more objectivity to the concept of liquidity in accordance with current legislation, the studies went back to the CPC/1939 (Code of Civil Procedure of 1939), in order to understand how the treatment given to the liquidation of judgments has evolved to the present day. The researches included doctrine and case law, the latter also having the objective of demonstrating the impacts of the divergence of the concept of liquidity beyond the theoretical aspect. It is hoped to contribute to reduce the enforcement of illiquid obligation judgments, in order to provide balance between the principles of legal certainty and procedural speed, while maintaining respect for the constitutional principle that no one shall be deprived of their property without due process of law (art. 5, item LIV, CF)