A suspensão da execução em razão da inexistência de bens penhoráveis em nome do devedor e o conflito principiológico emergente

Abstract

Pending a judicial or extrajudicial enforcement, shall be subject the debtor to enforce its obligation if not paid off within the statutory period. It happens that, although he acknowledges the debt and that would not hover over any dispute on it, not always the debtor has the means to repay the debt, at which point the procedural motion should be suspend until they are found attachable assets. There is neither strictly doctrinal nor jurisprudential consensus regarding to the maximum period of suspension of the procedural motion, nor when would affect their prescription in order that the counting of the term supposedly would not be ongoing, since the phase was suspended. On one hand, the state has recognized the right of the creditor to receive the amount that it can, on the other, it must be recognized that the debtor cannot sustain the debt ad aeternum. This study is precisely about the hermeneutical alternatives to solve this problem, or at least, trying to mitigate the problem of the insufficiency of law. Nonetheless, it is undeniable that the ultimate solution would result from a direct legislative action. This paper indicates primarily the legal instruments currently available that can give the case the fairest solution for both creditor and debtor in order to grant maximum time for the debtor to acquire the assets necessary to satisfy the creditor, without, however, submit the debtor to an endless executive process.