OF DEFINITELY COMPLIANCE

THE REQUIREMENT OF THE RIGHT QUANTITY FACTS THE INEFFICIENCY OF SANCTIONS UNDER THE “DOUBLE” IUDICATI TEMPUS

Abstract

The present work aims at the complex and discursive analysis under the perspective of innovation of the Brazilian executory procedure, approaching under a general context and of original cognition, the definitive fulfillment of sentence with certain amount of demand due to the syncretic process, as well as, specifically, the hidden the doubling of tempus iudicati as a form of retrocession to celerity and procedural economy. Moreover, in this analytical exposition, coupled with a brief literary review, it is intended to demonstrate that the process of execution in today's world is curbed by a confrontational inefficiency of the juridical order, that can outrage the essential purpose of sentence in sentence and still provide, indirectly, a blessing to the executed, then debtor. This study is a concentrated analysis of theoretical and practical ideals, with method of qualitative bibliographic research, based on the theoretical references and references related to the research area. It is intended to state that a part of the civil procedural law needs to be reformed in relation to the lack of effectiveness in the application of the sanctions that surround the enforcement procedure, be it about the fine or the attorney's fees, and that, therefore, constitute a real threat to the dynamism of procedural syncretism. Keywords: Default; Jurisdiction; Speed; Debtor; Execution.