A aplicação da multa prevista no caput artigo 475J do CPC nas execuções provisórias

Abstract

This work has the power to bring to your readers a brief account of the debate within the existing doctrine and within the judiciary about the possibility of imposing the fine provided in the chapeau of Article 475-J of the CPC under the Provisional Executive. The exhibition is intended to initially provide the context in which it is placed in such a fine view of amendments made to the code of civil procedure today, bringing comments on the provisional enforcement of the penalty itself and the divergence with respect to the establishment of the initial moment of the time period for its implementation, co-relate the discussion to further the principles of due process, the adversarial and efficiency. Brief account of the arguments of some of the most prominent scholars in this area demonstrating the dichotomy of opinion which persists to date on the subject, as well as the transcript of decisions in different regional courts and the Superior Court with the opinion of judges and ministers on the subject. Presentation of the completion of the work, taking into account all expose, leaving certain that before the existence of coherent arguments for both strands of understanding presented to hard-making remains an unchanging position