A fraude à execução no âmbito do cumprimento de sentença e seus impactos na efetivação da tutela jurisdicional

Abstract

The purpose of this final course work was to analyze the fraud in the execution of extrajudicial titles and their impact on the provision of legal protection, based on an analysis of the jurisprudential understanding on the subject, especially the understandings of the Superior Court of Justice. The main objective was to verify how the various forms of fraud in the execution, which range from concealment to asset emptying, undermine the effectiveness of legal protection, carrying out a true act of affront to the dignity of Justice and removing the executive force of the legal protections ensured by the Judiciary. The justification for this final course work is that this situation is repeated daily in several legal actions and extrajudicial title executions, where even having a legal protection assured by the judicial route, the creditor ends up not seeing the realization of this, either due to the impossibility of locating assets capable of guaranteeing and ensuring the execution, or due to the practice of fraud against creditors. The hypothesis that was reached was that the Public Power has been creating tools to combat the various forms of fraud of execution, notably legal tools for patrimonial search, as well as has been consolidating jurisprudential understandings with a view to frustrating attempts of fraud of execution. The methodology used was the reading of books on the subject, the reading of other dissertation works and the analysis of the jurisprudence of the Superior Court of Justice, for later understanding for practical analysis. The results obtained show that there is a solid material basis for trying to prevent fraud practices in execution and the Superior Court Of Justice (STJ) have been making efforts to consolidate an understanding capable of curbing fraud practices in execution, whether through precautionary measures or through the granting of preliminary injunctions