Aspectos gerais do percurso processual civil, e a aplicabilidade do parcelamento nas execuções de títulos judiciais

Abstract

The issue of execution, in general, constantly encompasses some controversy, debate or discussion, because many debtors hide their assets from the Judiciary in order not to comply with the obligation imposed on them, among other aspects. However, this theme will not be debated here, instead, it will be the installment payment mechanism when in compliance whit judgment, such method is used in purchases and sales and debt renegotiations, outside the Judiciary. What about sentence compliance? Could it happen? Will it be beneficial and consistent with procedural principles? For this analysis, it is necessary to understand the beginning of the Civil Procedure to see the common procedure until the sentence is fulfilled and the autonomous execution procedure in its general aspects, because although it is a very broad topic, this article aims the understanding of all regarding the analysis, not only the studies of the law. Based on this assumption, we will have a reasonable support in order to understand the paths leading to different conceptions, about the theme, and then, conclude that splitting the mentioned debt in the Judiciary is not an unfair act that will take more time to finish the obligation, this practice is more like a technique supported by civil procedural principles, enabling, for example, a faster and more efficient process for the creditor and the debtor. It is important to emphasize that the present article does not intend to intercede in favor of the debtor, but rather to demonstrate that minority doctrine and jurisprudence are not always unfounded or do not deserve appreciation, considering that the formation of a conviction about any theme that demands research, critical analysis and also understanding of the subject from its origin.