Especialização Direito Processual Civil
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Navegando Especialização Direito Processual Civil por Autor "Costa, Patrícia Santos e"
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Monografia Acesso aberto Penhora em créditos do executado perseguidos em juízo(2017) Silveira Neto, Adilio Luiz daThe purpose of this study is to analyze the procedures necessary to enforce the attachment of credits of the executed defendant in court, a method of constriction that aims to guarantee the payment of the default obligation. The formal questions are analyzed in order to understand the acts that make it possible to perfect the attachment, thus making it effective and enabling the satisfaction of the creditor and the end of the crisis established with the non-compliance that made him seek judicial protection . The Code of Civil Procedure of 2015 is analyzed, in comparison with its predecessor, perceiving an advance in the effort to provide the creditor with more effective means for the satisfaction of its credit, and the formal acts must be analyzed under the systematic look of the new Legislation that sought to make the process more effective. This monographic text is the result of a bibliographical and jurisprudential research, having used the deductive method and its result is presented in a descriptive way. The attachment in credits of the executor pursued in court is placed on the horizon of the creditor as a possibility of receiving what is due to him, operating a subjective change of the one that must receive the values, legitimating even the creditor to act in the process in which his Debtor seeks the satisfaction of a claim. Keywords: Attachment. Credit. Executed.Monografia Acesso aberto Repercussões do Novo Código de Processo Civil no microssistema de tutela coletiva: normas fundamentais e tutela dos direitos individuais homogêneos(2017) Javorski, Carlos ViniciusThe Collective Process has autonomy recognized in Brazilian doctrine and jurisprudence, through the formation of a microsystem composed of specific norms and founded on the Law of Public Civil Action and the Code of Consumer Protection, which embraced the then-current Popular Action Act and sheltered a series of similar statutes. There is a growing tendency to codify the theme, given the lack of concrete and unifying elements, which is in charge of the subsidiarity of the Code of Civil Procedure. Although these discussions were already present before the preparation of the draft new Code of Civil Procedure, it ended up not accepting the matter with the emphasis that the doctrine expected. In this context, it is important to emphasize, however, that the New Code of Civil Procedure reformulated several procedural concepts, in particular, its fundamental norms that, according to the doctrine, may be applicable to the Collective Process. The present work starts from the bibliographical and theoretical research, using the deductive method, having as scope the historical analysis of the evolution of the civil process and the collective process, which necessarily find influences and interpenetrations, given the process of constitutionalisation both in procedural aspect and Material of collective tutelage. It also analyzes the concept and formation of the Collective Tuition Microsystem and its jurisdictional repercussions, concluding with the analysis of the impacts brought by the New Code of Civil Procedure regarding the fundamental norms and the institute of the Incident of Resolution of Repetitive Demand while Individual technique of collective repercussion to the detriment of collective techniques of individual repercussion that have greater constitutional attachment and represent, according to the doctrine, greater effectiveness in dealing with collective law.