Embargos à execuÃÃo no processo do trabalho: questÃes polÃmicas

AUTOR(ES)
DATA DE PUBLICAÇÃO

2003

RESUMO

The departure point of this study is a diachronic analysis of an impugnation of the execution from the debtor, which follows the precepts established by the Roman Law, Medieval Law and Portuguese Law, before arriving at the Brazilian Law. The legal nature of stays of execution, the applicable norms, the trial jurisdiction, the legitimacy, the deadlines for filing stays of execution, are all studied and emphasis is given to the cash deposit which guarantees the execution, to the second seizure, and to the reinforcement of seizure, to the provisional execution and to the plurality of debtors. The discussion proceeds and encompasses the initial petition of the stays of execution and the pleading matters, giving special emphasis to the issue of a statute of limitations for debts, fault or nullity of a citation. Finally, the paper analyses the procedures for stays of execution. As far as research methods are concerned, as the source is primarily bibliographic, a review is made on the scarce doctrine on this theme and also on the jurisprudence established by labor courts. The option is then made for a nonempirical research, which does not contemplate the compared doctrine, in view of the particularities of the theme. Thus, this study attains its main goal, which is to provoke a reflection on the critical issues pertaining to the stays of execution in Labor Courts, from a legal standpoint. It seems that the national legal literature is lacking in such an analysis

ASSUNTO(S)

embargos justiÃa do trabalho direito embargos à execuÃÃo direito

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