Eficácia da sentença a que alude o artigo 795 do CPC
DOI:
https://doi.org/10.5433/2178-8189.1999v2n0p123Keywords:
Civil procedure, Execution judicial proceeding, Res judicata.Abstract
This essays focuses on the efficacy of a decision that ends a judicial proceeding of execution, an extremely controversial theme in the doctrine. After analyzing the main theoretical attitudes that search to solve the problem, the author tries to give his own points of view in the subject, which differs from present-day position, both in terms of theory and case law. The essay states which a decision that ends a judicial proceeding of execution must be clothed by the status of material res judicata, although with a somehow diverse connotation, specific of this modality of procedure, setting the stability of the judgment about payment and acquittance.