Cumprimento de Sentença | Processo Civil Desenhado

Summary

This video focuses on the enforcement of court decisions in Brazil, particularly the process of fulfilling monetary judgments. It covers key aspects such as the procedures for notifying the debtor, types of enforceable titles (including judgments and arbitration awards), and the importance of judicial protests. The speaker explains the relevant laws (Articles 518 and 519), detailing the judicial steps, including when and how a judicial protest can be canceled. The video also highlights the significance of proper jurisdiction and shares tips for students preparing for public exams in civil procedure law.

Takeaways

• 😀 Judicial protest depends on the expiration of the voluntary payment deadline and requires a certificate from the court within three days for it to be initiated.
• 😀 The judicial protest will be canceled if the debt is paid or resolved, and the cancellation must be done by a court-issued official communication within three days.
• 😀 Articles 518 and 519 of the Civil Procedure Code (CPC) govern the enforcement of judgments, with Article 518 specifying that disputes should be handled within the same case.
• 😀 Article 519 allows for the application of enforcement techniques to effectively carry out the court's decision.
• 😀 Debtors are notified about payment enforcement via various methods, including electronic notice, publication in official gazettes, or by the public defender if needed.
• 😀 A judicial decision, including homologations and foreign decisions, must be complied with according to the rules for the specific type of decision, such as foreign judgments needing STJ homologation.
• 😀 The jurisdiction for enforcement is generally the court where the case was originally heard, but if the case is from another jurisdiction, the competent court needs to be determined.
• 😀 The debtor is typically notified by the court for payment enforcement, and special methods are used for cases involving public defenders or other unique circumstances.
• 😀 The compliance with a judgment is intended to satisfy the creditor's claim, and this can be done through various legal mechanisms such as protest or execution of sentences.
• 😀 The speaker encourages viewers to share the channel with others preparing for public service exams, especially those studying civil procedure, to help expand the audience.

Q & A

What happens when the debt is paid after a judicial protest?

When the debt is paid after a judicial protest, the protest will be canceled by the court. The court will issue an official order to the relevant office, which will update the records within three days to reflect the satisfaction of the debt.

What is the role of Articles 518 and 519 in the enforcement of judgments?

Article 518 outlines that all issues related to the enforcement of a judgment should be addressed within the same proceeding. Article 519 confirms that specific procedural techniques can be applied to enforce judgments effectively.

How is the debtor notified during the enforcement of a sentence?

The debtor is usually notified via official publication, electronic means, or mail, depending on the circumstances. If the debtor has not responded to previous notifications or if the case has been pending for a long time, special notification methods like mail or electronic notifications may be used.

What types of decisions can be enforced under this process?

Decisions that can be enforced include homologated agreements, judicial certificates of division, civil court judgments, credits for justice assistants, and foreign judgments. Foreign judgments must be homologated by the Brazilian Superior Court of Justice (STJ).

What is the time frame for canceling a judicial protest after payment?

Once the debt is paid and the credit is satisfied, the judicial protest will be canceled within three days, as confirmed by an official order from the court.

When is a judgment enforcement process considered to have started?

The enforcement process starts when a court decision is finalized, and the debtor is notified. The goal is to enforce the payment or action as stipulated in the judgment.

Can the rules of sentence enforcement be applied to foreign judgments?

Yes, the rules for enforcing sentences can be applied to foreign judgments. However, for foreign judgments to be enforced in Brazil, they must first be homologated by the Brazilian Superior Court of Justice (STJ).

What are the main responsibilities of the court in the enforcement process?

The court is responsible for ensuring the debtor is properly notified, overseeing the enforcement of the judgment, and issuing official orders to cancel protests or take further action as needed to satisfy the credit.

What happens if a defendant is not actively responding to the enforcement process?

If a defendant is not responding to the enforcement process or remains inactive after being notified, the court may take additional measures, such as notifying them by mail or electronic means, and may eventually issue an order to enforce the judgment.

How does the court determine which jurisdiction is responsible for enforcing a foreign judgment?

The court will determine the appropriate jurisdiction for enforcing a foreign judgment based on the specifics of the case. Typically, if the case involves a foreign judgment, the Brazilian Superior Court of Justice (STJ) must first approve its recognition before enforcement can proceed.