Exceção de pré-executividade aspectos relevantes da defesa pontiana e algumas considerações do instituto no novo CPC

Abstract

A study on the exception of pre-execution, instrument used to influence the vices of execution without the need to hold the attachment or the challenge of opposition or embargoes. This paper proposes an approach to atypical defense of the implementation process, known as exception of pre-execution, analyzing the evolution of the theme, doctrinal aspects and case law, expanding the knowledge of the subject originally handled by the counselor Miranda Bridges, clarifying on the historical Institute concept and legal nature, controversies about the nomenclature, appropriateness of the institute as a defense in enforcement action, change after the enactment of Law No. 11.382 / 2006 to the wording of art. 736, CPC regarding the lien waiver to manage embargoes in carrying out extrajudicial executive titles. Address, moreover, in form and momentum, with the display of the institute, about the necessity of contradictory judicial decision and the appropriate resources, as well as any of defeat funds from the trial, except for the effects. Finally, a brief analysis of the institute by the new CPC. It aims with this study an approach to doctrine and jurisprudence against the institute, elucidating zealously relevant issues of this mechanism of forensic practice, originating from doctrinal and jurisprudential creation, but without specific legal provision