A extinção dos embargos infringentes e a nova técnica processual do artigo 942 do Código de Processo Civil

Abstract

This monographic work examines the legislator's innovation in extinguishing the “embargos infringentes”of the Code of Civil Procedure of 2015, as well as addresses the system of appeals filed by article 942 of the law. In order to do so, a history analysis will be made of the institute of “embargos infringentes”, as well as the changes that have passed in our legal order until its extinction in 2015. Subsequently, will be examined the legislative process of elaboration and creation of the Draft of the New Code of Civil Procedure, with the effective analysis about the suppression of“embargos infringentes”, the central theme of this work. It will be approached the procedure currently adopted, its implications and assumptions. The practical effects of the technique, its contributions and future perspectives will also be analyzed. Finally, we will analyze some of the problems brought by the technique implemented, as well as the solutions adopted by our courts.