- Início
- Livros E Revistas
- Execução no Novo CPC
- Institutos Aplicáveis Na Execução
- Embargos de Segunda Fase. Embargos À Arrematação E Adjudicação. Embargos de Retenção por Benfeitorias
Noções gerais
Autor | Geraldo Aparecido do Livramento |
Ocupação do Autor | O autor é Pedagogo, graduado na primeira turma da Faculdade de Filosofia, Ciências e Letras de Votuporanga (SP). Especialista em didática |
Páginas | 292-293 |
Page 292
O Novo Código de Processo Civil acabou por suprimir ou extinguir os denominados embargos de segunda fase, que possibilitavam o
Page 293
oferecimento de embargos de arrematação ou adjudicação, no prazo de 5 (cinco) dias contados da arrematação ou adjudicação, fundados em nulidade da execução ou causa extintiva da obrigação, desde que ocorrida superveniente à penhora. Esta postura adotada pelo Novo Código de Processo Civil está adequada com o escopo do processo, visando à distribuição de uma forma mais célere e segura e tornando o processo simples, não suprimindo o direito de defesa, contudo, suprimindo procedimentos protelatórios. De início, talvez possamos encontrar dificuldades na percepção da supressão de tais embargos, isto porque o nosso legislador, em alguns momentos, apresenta o termo embargos como sinônimo de matéria que possa ser alegada em defesa, por via dos embargos à execução.
Os embargos denominados de segunda fase estavam disciplinados no artigo 746, do Código de Processo Civil...
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