DA DESNECESSIDADE DE INTIMAÇÃO PESSOAL DO DEVEDOR PARA A APLICAÇÃO DE MULTA POR DESCUMPRIMENTO DE OBRIGAÇÃO DE FAZER APÓS A VIGÊNCIA DO CÓDIGO DE PROCESSO CIVIL DE 2015
Keywords:
fine for non-compliance, astreintes, personal summons, debtor, unnecessary, new code of civil procedureAbstract
The coercive fine is one of the main measures used in the process of enforcing judicial decisions, and it is essential to discuss the need for personal notification of the debtor for its application or not according to CPC / 2015. The study demonstrates the importance of coercive fines for the decision-making process, as well as the legal provision and doctrinal and jurisprudential understanding of the need for personal notification of the debtor for its application under CPC / 73. Subsequently, the theme is analyzed before the NCPC, which brought significant legislative provision, as well as the understanding of the STJ and the country's doctrine on the subject. Finally, after analyzing, in depth, the judged paradigm of the STJ, the home doctrine and the NCPC, it is concluded that there is no need for a personal summons from the debtor for the application of a fine for non-compliance with the obligation to do after the CPC / 2015 is in force.
References
(DIDIER JR., Fredie et al. Curso de direito processual civil: execução. 7. ed. Salvador: JusPodivm, 2017, p. 580)
(NEVES, Daniel Amorim Assumpção. Manual de Direito Processual Civil: 8. ed. Salvador: Juspodivm, 2016, ebook)
(NEVES, Daniel Amorim Assumpção. Manual de Direito Processual Civil. 9.ed. Salvador:
Juspodivm, 2017, p. 1202)”.
(WAMBIER, Teresa Arruda Alvim. Revista de Processo. Ano 35. nº 182. abr/2010. ed. RT. São Paulo. 2010. p. 188)
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