Do cumprimento de sentença

Abstract

The Brazilian civil procedure, from the 90s, has undergone changes under the Code of Civil Procedure. Among these changes is the reform imposed by Law No. 11,232, of December 22, 2005. This reform has profoundly changed the implementation process, bringing a new form of regulation for the enforcement of judgments. The reform had as its main objective to expedite, simplify, deformalization and the democratization process. It is noted that the new implementation rescued something that should never have been missing in the implementation, enhancement of the right of the creditor in relation to the debtor. Thus, you can put the Law 11.232/05, which entered into force on June 23, 2006, promoted significant break with the previously existing systematic. Thus, this study aims to demonstrate the resulting changes in the implementation process after the introduction of Law 11.232/2005, in which settlement and compliance with judgment became procedure. Where replaced by the principle of autonomy principle of syncretism of execution, procedurally unifying process knowledge and implementation process, as well as demonstrating the controversy related to the incidence of 10% penalty of Article 475 of the CPC and that J is currently consolidated by STJ