Objetivo
| Autor | Hélio Apoliano Cardoso |
| Páginas | 23-23 |
Page 23
A exceção de pré-executividade visa a:
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acelerar a prestação jurisdicional;
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evitar execução que onere excessivamente o executado, posto que pode suspender a execução sem a necessária garantia do juízo, diferente do que ocorre com os embargos do executado;
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atender ao princípio da ampla defesa, garantido ao executado outra forma de se defender da execução proposta.
Para continuar a ler
PEÇA SUA AVALIAÇÃO- Exceção de Pré-Executividade
- -
- Sobre o Autor
- Apresentação
- Introdução
- Raízes históricas
- Questão da denominação
- Conceito
- Objetivo
- Fundamentos
- Instrumentos de oposição à execução
- Instrumento de oposição ao cumprimento de sentença. Astreintes. Revisão. Possibilidade
- Do Prazo
- Hipóteses de cabimento
- Matérias arguíveis
- Evolução e ampliação do núcleo das matérias arguíveis
- Casos mais frequentes de sua aplicabilidade
- Substituição dos embargos do devedor pela exceção de pré-executividade
- Prazo para interposição
- Custas processuais no caso de movimentação da máquina judicial de forma indevida
- Honorários advocatícios
- Recurso cabível
- Aceitação do princípio da instrumentalidade das formas
- Recebimento no efeito suspensivo
- Reexame de provas pré-constituídas. Possibilidade de apreciação
- Outras considerações
- Razões derradeiras
- Considerações finais
- Notas
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