Controvérsias das ações de execução de título extrajudicial: análise relativa ao Tribunal de Justiça do Estado do Ceará

Abstract

Aiming to give effectiveness to the enforceable act, or rather, the discharge of debts, over the centuries, several laws were coined that were in line with the social, economic and legal realities of their respective times and western peoples, in order to underpin the relations of credit and the judgments made by the competent authorities. As in other legal areas, the National Courts, depending on the location and conditions, understand differently about the procedural and legal controversies that arise during the processing of the Extrajudicial Title Execution, thus causing severe legal insecurities for the players of the credit market. Bearing this in mind, before the justifications of thematic relevance, dubious jurisprudence and the need for guidance in order to provide legal certainty, the present work aims to analyze, from the perspective of the Code of Civil Procedure of 2015, in a quantitative way, judged, within the scope of the Court of Justice of the State of Ceará, regarding Actions for Execution of Extrajudicial Title, investigat- ing the jurisprudential divergences with regard to the requests and rights of the Creditors/Cred- itors, thus noting the jurisprudential orientation regarding the enforceable matters most visited; formulating, finally, based on bibliographical research, and in a deductive way, arguments ca- pable of enabling the analysis of the binomial risk x return of the filing of actions, as well as favorable to the concessions of the claims formulated by the Creditors in detriment of the Debt- ors.