Os limites da liquidação de sentença e o fato novo

Abstract

This dissertation analyzes the liquidation of the condemnatory individual civil award, with enphasis on the analysis of the limits of the award in view of the occurrence of a new fact that may impact the extension of the an debeatur of the illiquid award and influence on the assessment of the quantum debeatur. This topic is relatively unexplored in the doctrine and case law. Throughout the development of this study, the identifiers elements of the suit (parties, cause of action and request) are analyzed, once they will support the award and, specially, delimitate the res judicata without the occurrence of the defects of awards extra, ultra, citra and infra petita. The correct analysis and delimitation of the res judicata as from the elements of the lawsuit is relevant once it will demonstrate what may be subject to the phase of liquidation of the award, without violation of the principle that demands the fidelity of the liquidation to the title being ascertained. It is also be made a general analysis of the liquidation of the individual condemnatory award rendered in the civil procedure, with special emphasis to its limits. In the final chapter, this study provides a definition of new fact and identifies which liquidation procedure will be needed to obtain the quantum debeatur and hence allow the start of the collection phase