A remição da execução no código de processo civil brasileiro

Abstract

This work aims at showing the relevance of the institution of the penalty remission as foreseen by the article 651 of the Civil Procedure Code to the current panorama of the executive process. Through the exercise of this subjective right, the defendant ,in the enforcement proceeding to pay the sum of money, is allowed to settle the debt being charged before going through wealth expropriation. Therefore, as settling the financial obligations, the implementation of the institute enables the extinction of the enforcement proceeding. Initially stating the premises necessary for the development of this issue, we will discuss the subjects in the process and their relations, considering in particular the liberal theoretical model which has fundamented the Civil Procedure Code of 1973. In this context, considerations on the perspective of the implementation process will be traced, which has been conceived under the same line of thought. Next, we will address the procedure which aims at the payment of the sum as well as all the characteristics and peculiarities which permeate the remission of fees such as its concept, history and foundations, tracing the differences between this and other similar institutes, considering the best way to apply it. The legislative changes perpetrated to the executive process through Laws n.º 11.232/2005 and n.° 11.382/06 have not escaped our attention in this work, once they bring a new elements to the issue, either adapting to the new wealth expropriation order provided under the Civil Procedure Code, or as it is understood by part of the doctrine for bringing new institutes which could be qualified as types of remission in the civil enforcement. In conclusion, this work covers the positive and negative aspects of the application of the institution of the penalty remission in the current moment of the science of Procedural Law which more and more means an instrument which brings to the process the guarantee of constitutional rights and justice achievement.