A boa-fé processual no contexto da exceção de pré-executividade

Abstract

The present work intends to explain the main characteristics of the pre-execution exception, as well as the scope of its practical use, highlighting the circumstances in which it can be managed, in the enforcement procedure, in order to configure abuse of the right of defense, presenting delaying character and, consequently, reckless to the process. With the need to legitimize the contradictory in the enforcement and safeguard the executive guardianship, it is intended to discuss legal mechanisms capable of preventing such abusive practice, being presented as a sufficient solution to the problem outlined, the incidence of objective good faith and procedural loyalty, favoring the imposition of legal sanctions. In spite of this, it also goes through the institutes of preclusion and res judicata, in order to demonstrate that they would not be fully effective in preventing, covering all situations, possible postponements arising from the use of the pre-executive exception. In order to fulfill these purposes, the applicable legislation is analyzed, as well as the doctrine and jurisprudence applicable to the subject.