O acréscimo de parcelas vincendas em processo de execução de dívidas condominiais: análise jurisprudencial sob a ótica do postulado normativo da proporcionalidade

Abstract

The present article intends to achieve a conclusion about the inclusion’s legal validity of instalments not yet due during the execution process against the defaulting co-owner. The research problem has arisen with the new Code of Civil Procedure, since it includes condominiums debt at the extrajudicially enforceable instrument list, but it didn´t look closely at certain practical questions that arose from the lack of knoleges actions in these cases. Raised the issue at the Brazilian courts, we may verify drastically opposed decisions, causing a great legal insecurity to the defaulting co-owner, as well as the building condominium. To reach the work goal we must, at first, do a brief analysis about the execution process formation witch deals with condominium debts. Next, we will begin investigating the jurisprudence argument itself, to, finally, unravel them singly to point the practical consequences to jurisdiction, and reaching a logic conclusion about the thematic.