Desafios do exequente face à nova disciplina da prescrição intercorrente: as alterações promovidas pela Lei 14.195/2021 no artigo 921 do Código de Processo Civil

Abstract

Law 14.195/2021 (Business Environment Law), which intends to improve the business environment in Brazil, altered article 921 of CPC and changed the discipline of the Statute of Limitations during the procedure, in the scope of civil enforcement procedure. The Law determined a new event of crisis in the enforcement procedure - "the failure to locate the debtor"; and, as the only causes to interrupt the running of the statute of intervening limitations, the "effective service, notification of debtor or seizure of attachable assets", reproducing the STJ's position in REsp 1.340.553/RS, applicable to tax enforcement procedure. This article seeks to analyze the discipline of the Statute of Limitations during the procedure, which no longer has inertia as its basis; the new challenges faced by the enforcer because of the substantial anticipation of its initial term and the limited number of events capable of interrupting its running; as well as the potential adverse effect that such changes may have on the Brazilian business environment.