Introdução
Autor | Geraldo Aparecido do Livramento |
Ocupação do Autor | O autor é Pedagogo, graduado na primeira turma da Faculdade de Filosofia, Ciências e Letras de Votuporanga (SP). Especialista em didática |
Páginas | 279-279 |
Page 279
O Novo Código de Processo Civil aboliu do processo de execução a execução forçada por quantia certa contra devedor insolvente e, assim foi a intenção de nossos legisladores, porque entenderam que este tema deveria ser tratado por lei específica. Na fase de estudos, acolhimento de propostas e sugestões chegou a ser ventilado o emprego da Lei 11.101, de 09 de fevereiro de 2005, que trata da recuperação judicial, que haveria de ser aplicada no caso de execução contra devedor insolvente até que viesse à edição de lei específica.
Porém, a solução definida para o caso em tela acabou sendo a apresentada no artigo 1.052, do Novo Código de Processo Civil, deter-minando que, enquanto não advier edição de lei específica, as execuções contra devedor insolvente, em curso ou que venham a ser propostas, permanecem reguladas pelo Livro II, Título IV, da Lei 5.869, de 11 de janeiro de 1.973, isto é, do Código de Processo Civil de 1.973, que foi revogado, contudo, mantendo a sua utilização na espécie até que venha a ser editada lei específica. Em síntese: enquanto não advier lei específica, a execução...
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