THE TERMINOLOGICAL CONFUSION OF THE CHAPTERS ON FULFILLMENT WITH THE SENTENCE AND ENFORCEMENT PROCEEDINGS OF THE CPC/2015 AND THE SETBACK IN THE EFFICIENCY OF THE PROCEDURAL PHASE OF ENFORCING THE RIGHT

Abstract

Since Law n. 11.232/05, with the entry into the 1973 Code of Procedure of the sentence fulfillment stage, the doctrine has been divided into treating it, sometimes as part of the process that has been called syncretic, sometimes as part of its own execution proceedings, both under the guise of executive protection or civil enforcement, which would encompass the two forms already mentioned. The study will prove that this doubt remained in the Code of Civil Procedure of 2015, in a frustrating meeting of terms of one form of enforcement in the other, confusing the identity of each of them even after 15 years of the law establishing the dichotomy on Brazilian soil.

Keywords

• sentence fulfillment
• enforcement proceedings
• legal nature
• expressions