A ação monitória no Código de Processo Civil de 2015

• Ano de defesa: 2019
• Autor(a) principal: Saad, Camila Chagas
• Orientador(a): Shimura, Sergio Seiji
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Direito
• Departamento: Faculdade de Direito
• País: Brasil
• Palavras-chave em Português: Ação monitória - Brasil; Tutela jurisdicional
• Palavras-chave em Inglês: Action for the execution - Brazil; Jurisdictional protection
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://tede2.pucsp.br/handle/handle/22433

Society has undergone an evolution in its political, social, affective and economic relations. This was, mainly, due to the technological development that led the world to globalize and that ensured faster communications and greater efficiency in the means of production. All this evolution caused the law to have to protect new values and legal goods before nonexistent. Our society demands, increasingly, for effectiveness, which also affects the way the law is applied. One of the results of this claim for brevity and efficiency is the fact that the existing common procedure has become ineffective for its purpose of social pacification. Given this, the different procedural techniques appear as a way to meet these new demands, offering procedures other than the ordinary, in order to ensure faster proceedings, that reaches the effective jurisdictional provision and avoid damages to the parties. The present study proposes an analysis of the action for the execution of an unenforceable instrument in the current procedural system, in order to show its relevance as a different procedural technique, which is placed at the disposal of the substantive law to guarantee greater effectiveness in the jurisdictional provision. Thus, throughout this study, we will seek to analyze the action for the execution of an unenforceable instrument, going through (i) the aspects that individualize it; (ii) procedural aspects, such as the cognition that develops in the mentioned special procedure, the need for written evidence and the way the service of process occurs; (iii) doctrinal aspects widely discussed, such as the legal nature of the injunction, the legal nature of the motion set forth in art. 702, and the effects on which the appeal is received; (iv) aspects of practical application of the institute, such as the most commonly used written evidences, the jurisdiction of the small claims courts for their processing of the action and the standing of the Tax Authority; and several other topics that are relevant in the study of this special procedure