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- Efetividade Da Ação Executiva E Da Execução Trabalhista, E as Novas Competências Constitucionais
A Praça
Autor | João Carlos de Araújo |
Páginas | 101-101 |
Page 101
Como já afirmamos, depois de designada a praça, não poderá ser adiada. Assim, os executivos fiscais e a própria CLT não adotam a figura no art. 688 (art. 888), do CPC, salvo se a Vara não funcionar por justo motivo. Porém, pelo princípio do bom senso, no particular, acolhe-se a disposição do art. 692 (art. 891 e 892), do CPC que abaixo transcrevo:
Art. 692 (art. 891) - Não será aceito lance que em segunda praça ou leilão ofereça preço vil.
Parágrafo único (art. 899) - Será suspensa à arrematação logo que o produto da alienação dos bens por suficiente para o pagamento do credor e para satisfação das despesas da execução.
Nesta linha de raciocínio, entendo que o art. 694, §§ 12 e 2° (art. 903 e seus parágrafos e incisos), do CPC, por uma questão lógica serão adotados tanto na execução trabalhista como na execução fiscal. É o princípio da moralidade que sempre deverá subsistir em quaisquer procedimentos. Essa é uma das razões que me levaram a aconselhar o juiz executor no sentido de não assinar o auto de arrematação ou de adjudicação, e por questão de precaução o auto de remição, antes de decorrido o prazo de cinco dias, para oferecimento de eventuais embargos a esses atos processuais.
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