Exceção de pré-executividade aspectos relevantes da defesa pontiana

Abstract

As means of deepening the instrument used for tackling the vices of execution, without the need of hold up attachment, opposition to contest or embargoes. In order to expand the instruction of defense, initially approached by Pontes de Miranda, the present study addresses a range of themes starting on the history of the institute, to the controversy about its terminology, its object, practical changes in its use after the enactment of Law No. 11.382/2006 – when the attachment to handle embargoes on extrajudicial execution of titles becomes unnecessary –, as well as its deadline and the legitimacy for it to be presented by others, and also its effects and the appropriate recourses, the need of contradictory and possible condemnation that may arise from its presentation with procrastinating objectives, plus any honorary fees owed by the losing party. This work sought to acknowledge the doctrinal trends on the topics outlined above, with the approach of the existing jurisprudence on the matter, though not intending to be the final word on the subject, but only a much needed look over the matter, with the greatest possible accuracy on such a relevant mechanism of forensic practice, despite being a doctrinal creation, supported by the jurisprudence, even though, up until today, it still lacks legal dispositions