Prescrição intercorrente - aplicação no processo de execução que se encontra suspenso pela falta de bens penhoráveis do devedor

Abstract

This present work on the possibility of application of co-prescription in the implementation process which has been suspended for lack of attachable assets of the debtor. In civil proceedings, although there is no express legal forecast, occurs an institute called intercurrent prescription, as the Civil Code stipulates in its single paragraph of Article 202. According to what has been studied, we can conclude by the possibility of characterization of intercurrent prescription under the civil procedure on the following assumptions: a) when the winner of a demand (no matter if author or defendant) do not promote the sentence's fulfillment then its transit in rem judicatam; b) when the creditor abstain from answer the judicial determination of request its rights, leaving the process stalled until the prescribed time for the implementation of the action or the enforcement; c) course of time for prescription of action or enforcement in the chance of filing the court records, ex-officio or by request of the creditor; d) course of enforcement prescription in case of the judgement debtor is not located for; e) when the lawyer withdraw the court records from the courtrecords' department to take actions and maintain them in his possession for longer than he should, oversteping the limits of prescription of action or enforcement; f) by the suspension of proceedings, without the commission of any acts, during the time designated for prescription of the action or enforcement