DEFENSES IN THE ENFORCEMENT PROCEEDINGS

Abstract

This article deals with the main aspects of enforcement proceedings. In addition to that, the paper suggests premises for an adequate comprehension of the provisions related to the defenses to be filed by the judgment debtor. Firstly, it is important to highlight the complementarity between the enforcement rules. After that, some issues have to be analyzed. For instances: (i) the enforcement proceeding is not capable to satisfy the full defense which is guaranteed by constitutional rules (for this reason, it is mandatory to allow the presentation of other complaints containing new arguments during such proceeding); (ii) it is also relevant to do the distinction between material and procedural issues (the merit of the enforcement is always the credit); (iii) the enforcement is a summary proceeding and doesn’t allow the stability of the debated matters (there is no full cognition); (iv) procedural decisions rendered (which involves absolute invalidity of a previous decision) can be appreciated anytime during the enforcement proceedings.

Keywords

• enforcement
• enforcement litigation’ defense
• complementarity
• full defense
• summary trial