Execução de Título Extrajudicial | Dicas de Processo Civil

Summary

This video explains the process of executing extrajudicial titles in legal proceedings. It contrasts execution with the enforcement of judgments, emphasizing that in execution, a presumption of certainty, liquidity, and enforceability is required. The video breaks down the procedural steps involved, from filing the petition for execution to the defendant’s options for payment or contesting the claim through embargos. Key topics include the importance of timely responses, the right to parcel payments, and potential actions if the execution process fails. The video also covers the possibility of property seizure, valuation, and public auction to settle debts.

Takeaways

• 😀 Execution of extrajudicial titles is different from compliance with judicial sentences. It doesn't require a prior knowledge phase and assumes the creditor already has a valid title.
• 😀 Extrajudicial titles must meet three essential criteria: certainty, liquidity, and enforceability. Without these, the creditor cannot proceed with execution.
• 😀 The process starts with the filing of an initial petition for execution, which is subject to judicial admissibility. If the title is invalid, the execution can be dismissed.
• 😀 After the execution petition is admitted, the debtor is notified and has two key deadlines: 3 days to pay and 15 days to file an objection (embargos à execução).
• 😀 The debtor can raise multiple objections in the 15-day period, such as claiming the title is invalid, excessive execution, or disputing the debt amount.
• 😀 If the debtor disputes the amount, they must specify how much they owe, or their objection may not be considered by the court.
• 😀 The execution process allows for payment in installments: 30% upfront and the remaining 70% can be paid in up to six monthly installments.
• 😀 Filing embargos (objections) does not automatically suspend the execution. However, the debtor can request suspension by providing a guarantee and demonstrating urgency.
• 😀 If the debtor does not pay, the process moves to asset seizure. Assets can be sold through public or private auctions, or adjudicated to the creditor.
• 😀 The debtor's inability to pay the full amount may lead to suspension of the process, especially if the assets available are insufficient to cover the debt and procedural costs.

Q & A

What is the difference between extrajudicial execution and compliance with a court sentence?

Extrajudicial execution is based on a title with certainty, liquidity, and enforceability, where no prior court decision is required. The creditor can initiate execution directly. In contrast, compliance with a court sentence occurs after a court has already ruled in the case, which requires further actions to enforce the judgment.

What types of documents qualify as extrajudicial titles under Brazilian law?

Examples of extrajudicial titles include promissory notes, signed contracts with witnesses, and condominium assembly minutes that approve overdue payments.

What are the three main characteristics of an extrajudicial title?

An extrajudicial title must be certain (clear and indisputable), liquid (precisely quantified), and enforceable (capable of being legally enforced without prior judicial proceedings).

How does the process of execution start in a case involving an extrajudicial title?

The process starts with the filing of the petition for execution. If the petition meets the requirements, the court will admit it, and the debtor will be notified (citação). The debtor then has a brief period to either pay or file an opposition.

What happens if the debtor fails to make payment within the 3-day deadline?

If the debtor does not pay within the 3-day deadline, the process moves forward, and the debtor will be given a 15-day period to file embargos à execução (opposition). If no payment is made within the 15 days, further enforcement actions can be taken.

Can a debtor challenge the execution process, and if so, how?

Yes, the debtor can challenge the execution by filing embargos à execução within 15 days. These objections can include claims such as excess of execution or the invalidity of the title, among other legal arguments.

What happens if the debtor claims an 'excess of execution' but doesn't specify the amount they owe?

If the debtor claims an 'excess of execution' but does not specify the amount they believe they owe, the court will not consider their objection. The debtor must indicate the precise amount to ensure the challenge is valid.

Can the debtor request an installment payment option, and if so, under what conditions?

Yes, the debtor can request an installment payment option. They can pay 30% upfront and parcel the remaining 70% in 6 monthly installments. This option is only available in the execution of extrajudicial titles, not in the case of sentencing compliance.

Do embargos à execução suspend the execution process?

No, filing embargos does not automatically suspend the execution. The execution process continues while the embargos are being considered. However, the debtor can request the suspension of execution by providing a guarantee and demonstrating the need for urgent protection, such as harm to business operations.

What is required for the debtor to suspend the execution process?

To suspend the execution, the debtor must request it from the court, provide a guarantee, and show that continuing the execution would cause significant harm, such as jeopardizing a business's operations.