Atuação do magistrado perante o artigo 475-V do código de processo civil

• Autor(a) principal: Souza, Thalita Maria de
• Data de Publicação: 2014
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/35796
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL; Liquidação de sentença; Liquidação por cálculo do contador; Processo civil constitucional; Settlement of sentence; Settlement of calculation by judicial accountant; Constitutional civil procedure

The present work shows the settlement of sentence procedure, which is defined as a vehicle that the interested part hopes to calculate the quantum debeatur (value) certificate in decisions that recognized, even that implicit, generics obligations, getting a quantification. Regarding this, named “certain sum” the decision that establish amount of the quantum recognized, no more depending of judicial activity, and “not certain sum”, the indeterminate state of the obligation quantity, characterised by the complementarity by external elements. Thus, with the iliquid judicial title, the interest part can use the settlement of sentence by one of their kinds that betters fix in the specific case, with the intention to get the amount of the recognized right; for some scholars, they are: Settlement of calculation by judicial accountant (art. 475-B, §§ 3º e 4º do Civil Procedure Code - CPC); settlement by arbitration (arts. 475-C e D do CPC), settlement by articles (arts. 475-E e F do CPC). However, it must be observed contrary understanding, like of the professor and judge Dr. Fernando Fonseca Gajardoni, which teaches that in truth the hypothesis “Settlement of calculation by judicial accountant” can´t be defined like a kind of settlement of sentence, but a simple account by the judicial assistant.2 For that matter, describes the legal article about the possibility of the judge use the judicial accountant in cases of the calculation elaborated by the creditor seemingly (i) exceed the limits of the decision to be executed, and in cases of (ii) judicial assistance. Based on this kind of settlement of sentence, will be discussed cases that the 2 debtor don´t manifests about the calculations elaborated by the judicial assistant, demonstrating, therefore, the magistrate intervention in front of a constitutional process model that aims for justice (due process of law). By that, describes about the principles that are introduced on contemporary civil process, demonstranting the necessity to leave the figure of an “observer judge”, to stimulate an image of a magistrate influenced by social values, ensuring an effective, satisfactory and due judicial provision