O processo de execução à luz do novo código de processo civil

Abstract

The implementation process, as well as the entire harvest of civil procedural law, is dynamic. In pursuit of its continuous betterment, various legislative reforms have been made to improve it, accompanied by doctrinal debates that beacon them. Even before the 2015 Civil Procedure Code be sanctioned, several adjustments were made despite a, then imminent, political crisis. The novice code then consolidated these changes and promoted its own innovations. Thus, this article primarily analyzes the implementation process under the New Civil Procedure Code, which needs to be discussed, given its early inauguration. The implementation process, since practical and widely used, must be fast and cheap, and with this subject deals this paper: to peer if the executive pathways are providing in the new code a faster, economical and fair process to the parties. The goal, then, is to identify the changes that have occurred in the general rules of implementation process and, for this, the deductive method and the bibliographic research were employed. Through texts about the issue and the comparison between the current code and the previous, it was concluded that the major changes had taken place even before the 2015 Code, by sparse laws. Thus, it’s drawn attention to the characteristics of the implementation process, whose initial impulse is the prior existence of an extrajudicial enforcement title in despite of knowledge process, that culminates in the production of a judicial enforcement title, and that in its turn runs through compliance with judgment. For this, understandings on the subject are exposed and followed by an analysis of certain articles of the current code.