Execução negociada: possibilidades e limites das convenções processuais na tutela executiva cível

Abstract

This thesis analyzes the compatibility of the execution process and the establishment of atypical procedural conventions. The objective of establishing procedural conventions in the executive procedure is to allow the natural tension existing in the execution, which is, on one hand, the right to the effectiveness of the executive protection and, on the other hand, the principle of the lowest onerosity for the executed, to be equated through the cooperative and consensual attitude of the parties. The limits on the conclusion of procedural agreements in the enforcement process will be identified and, subsequently, the possibilities of such agreements in numerous aspects of the enforcement procedure will be identified. The pactum de non exsequendo, pacts relating to the assumptions of the enforcement proceedings, deals on enforceable titles, pacts on enforcement means, attachment, procedural procedures and defence of the defendant, is analysed as a way to demonstrate the application of atypical procedural conventions.