A liquidação e execução das sentenças

• Autor(a) principal: Marcon, Giulliano Naccarati
• Data de Publicação: 2023
• 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/39873
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL; Direitos transindividuais; Pocesso coletivo; Liquidação; Execução; Transindividual rights; Collective process; Liquidation; Execution

The study of the liquidation and execution of verdicts and other merit decisions issued in the context of collective judicial protection permeates the Federal Constitution, the federal laws that make up the so-called collective microsystem, the best doctrine and the jurisprudence, especially that of the Superior Courts. It begins with the conceptualization of these rights and the analysis of their species, also examining which entities are endowed with legitimacy to adequately represent the entire community in the search for such protection, so as not to harm those who did not chose them for such a task. Next, the formation regimes and the amplitude of the collective res judicata must be verified, either according to the result of the probationary instruction, either according to the result of the demand itself, among others. Also, the forms of liquidation of final and unappealable collective decision, a cognitive phase that aims to complement it, since it is so often rendered in purposefully generic terms. Interesting discussions can be held about the institute of the in utilibus transportation of the collective res judicata, a particularity imported from the North American jurisprudence, as well as, regarding the controversial attempt of the Executive Power to territorially limit the reach of this collective res judicata. Finally, we arrive at the point of analysis of the actual execution of these decisions, with all the peculiarities that are inherent to it: the competence to do so, the different ways of giving practical effectiveness to decisions dealing with different types of transindividual rights, the possibility of provisional execution and the regime of expenses and procedural costs of these judicial procedures