A possibilidade de acumulação dos ritos no processo de execução de alimentos

Abstract

The present study addresses issues related to the execution process, highlighting compliance with a food sentence through an analysis of the debate on the possibility of accumulating the rites of arrest and attachment in the same process. The dialectical approach method is applied, with a bibliographic and documentary survey being carried out. The concept of execution and how this procedure occurs are analyzed, with the principles as guidance at each stage of the process, to ensure greater balance between the parties. Furthermore, it is observed that the effectiveness and guarantee of the principles included in the legal standard, in order to understand their importance within the process. After that, we delve deeper into the concept of food and how much the Federal Constitution and the Civil Code protect this good. Once we have this understanding, we can see the importance of requiring a special procedure to execute them. We then verify the procedure for the rites of personal coercion and attachment, as well as the procedure and progress in execution. Observing this knowledge, finally, an analysis is made of the practical applicability of the coexistence of the rites of arrest and expropriation in the enforcement of a food sentence. When researching the position of the doctrine and the Superior Court of Justice, a certain divergence on the topic is identified, both based on both the Code of Civil Procedure and the principles for granting or not this mode of execution. With the study, it is concluded that there is the possibility of the accumulation of rites within the process, as long as there is no procedural turmoil and, if such a hypothesis is foreseen, that it occurs in separate files, in order to enable greater effectiveness and procedural economy.