Execução provisória frente as alterações no novo CPC

• Autor(a) principal: Melo, Milena Nunes Lemos de
• Data de Publicação: 2017
• 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/35117
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO DO TRABALHO; Execução; Processo do trabalho; Execução provisória; Novo CPC; Execution; Labor process; Provisional execution; New CPC

This study aims to investigate the peculiarities of the provisional execution in the scope of Labor Procedural Law in light of the New Code of Civil Procedure. The method of approach adopted is the qualitative and method of exploratory procedure. As for the techniques of research, this is classified as bibliographical and documentary. Contextualizes the labor execution. It addresses the legal discipline of labor enforcement, its procedure and assumptions. Find out the coercive force of the execution, its direct and indirect means and the principles that guide the institute. It highlights the concept of provisional execution, the treatment provided by the Consolidation of Labor Laws and the application of the rules enshrined in the New Code of Civil Procedure. It concludes that the provisions governing the provisional execution of the sentence in the scope of Civil Procedure Law are fully applicable to labor enforcement, since the changes implemented in the Code of 1973 in the decade of 2000, when the process of execution, as a whole, was remodeled. Therefore, there is no incompatibility between the New Code of Civil Procedure and provisional execution in the Labor Court, including the possibility of raising amounts, even without a bond, but provided the offender is aware of the risks assumed and the duty to repair any damages suffered by the person executed in case of reform of the execution sentence