Medidas acautelatórias no processo de execução

AUTOR(ES)
DATA DE PUBLICAÇÃO

2000

RESUMO

The present work objectified to demonstrate by clear form that the creditor will be able to demand preventible measures in the bulge of the process of execution as foresees the article 615, III of the CPC. The law when providing such measures grants to the creditor in the proper process of execution not just the right to safeguard its credit but also to protect the goods given in guarantee of the execution. The preventible measures in the truth are a species of the genus of precudable measures which present a similarity with the injunction ex officio foreseen in the article 797 of the CPC. Such preventible measures have as object to assure the useful result of the action of the execution in course constituting means to protect goods of the debtor for an effective control of the executive jurisdictional guardianship. Besides the object we present the nature and purpose of the preventible measures. It was also distinguished the essential requirements for concession of the preventible measures in the process of execution since the legislator did not fix in a right form which would be the necessary requirements for the concession of such measures. It was done an analysis of the differences and similarities among the typical and atypical precudable measures, injunction ex officio and preventible measures of the article 615, III of the CPC of the ulmost importance for the compreheension of our study. It was observed that the petition of the preventible measures occurs when it is established justifiable fear of damage to the right of the creditor or to guarantee the good success of the process of execution, that is, to get a fast and efficient result for the effectiveness of the executive action. It was still presented the procedure of the nominate and innominate preventible measures. Such the creditor as the debtor can require preventible measures. We present the several hypotheses of legality of such measures in which the executer will be able to valid them to protect its right in satisfaction of its credit also in tlhe lato sensu execution in the civil special court for causes of less complexity and in the provisional execution. The feature to be interposed against decision which grants or not the preventible measures (article 615, III), incidentally in the bulge of the executable process, is the appeal

ASSUNTO(S)

direito processual civil processo cautelar medida cautelar

ACESSO AO ARTIGO

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