Processo civil
Autor | Des. Lauri Caetano da Silva |
Páginas | 64-65 |
Page 64
Recurso especial. Processual civil. Execução. Artigo 655-A do CPC. Requisição de informações e bloqueio de bens do executado. Meio eletrônico. Sistema Bacen-Jud. Forma preferencial, mas não exclusiva. Possibilidade de realização por outros meios. 1. O artigo 655-A do CPC estabelece que a forma preferencial para as medidas ali adotadas seja o meio eletrônico, possibilitado pelo Sistema Bacen-Jud e conhecido como "penhora on line". Apesar de preferencial, essa forma não é exclusiva, de forma que a requisição de informações e a determinação de indis-ponibilidade de bens podem ser feitas pelo tradicional método de expedição de ofício. 2. Recurso especial provido. (STJ - Rec. Especial n. 1.017.506/RS - 4a. T. - Ac. unânime- Rei.: Min. João Otávio de Noronha- Fonte:DJe,01.04.2011).
Agravo de instrumento. Execução provisória. Decisão que determinou o pagamento do débito sob pena de incidência da multa do artigo 475-J do Código de Processo Civil. Impossibilidade. Precedentes do superior tribunal de justiça. Recurso provido. 1. Segundo a jurisprudência do STJ, a aplicação da multa do art. 475-J apenas é possível após o trânsito em julgado da sentença. 2. Exigir do litigante o pagamento da dívida sob pena de multa, na fase de execução provisória, implica obrigá-lo a praticar ato incompatível com o seu direito de recorrer, acarretando a inad-missibilidade do recurso, nos termos do art. 503, parágrafo único, do CPC. (REsp...
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