O parcelamento do artigo 745-A do Código de Processo Civil

Abstract

Recent years have been edited several procedural laws against the backdrop of the Principle of Fair Duration of the Process, especially the Law 11.382/06, which brought several changes to the processing of executions based on enforceable court and, also, judicial, after the seizure. Among the innovations, our interest is, particularly, the opportunity given by Law for the debtor, after summons, requests, under Article 745-A of the CPC, permission to pay the debit under parcels. To use this benefit, the debtor must submit the request to split during the term for the implementation of stay of execution, deposit 30% (thirty percent) of the value executed more costs and attorneys' fees and indicate the number of monthly installments (up to a maximum of six) that want to pay off the debt. The main purpose of this study is to support the thesis that the fragmentation introduced by the clause 745-A of the CPC can not be admitted without the prior manifestation of the creditor, given that, in cases in which the creditor position itself in a way against the request for splitting, it should be rejected. The judicial activity of executing has, as last obligation, the aim of imposing the satisfaction of the obligation included in a document valid to commence an execution process, which is reason there is no way to hide that the whole procedure must be considered and structured to meet the needs of the creditor, from which it concludes that there is no way to admit that the debtor will have the right to pay its debt in the manner he deems most convenient, that is, in several installments, even if it is contrary to the will of the creditor that, in many cases, may have a fair expectation to be able to get his credit, or part thereof, before the six months provided for by clause 745-A of CPC to the fragmentation of the debit, such as when a seizure has already realized or if the creditor intend to realize an adjudication