A (in)constitucionalidade do artigo 785 do Código de Processo Civil de 2015

Abstract

The present research is based in the approach of the rule carved in the article 785 of the Civil Procedure Code – Law 13.105/2015, which dispose that the existence of an enforcement extrajudicial title does not prevents the part of opting for the cognition action, aiming to obtain an enforcement judicial title, and the fundamental principles of the civil procedure, like the good-faith, the economy and speed of the process, fixed both in the Constitution of the Republic and in the fundamental rules that inaugurate the Codex. Besides that, also is accomplished an exposition of the understandings of the courts about the examined rule and its practical application, considering the great role of the jurisprudence in the study and science of law, which, due to the legal globalization and the changes brought by the actual Procedure Code, establish more and more its important role in the interpretation of the current law and become a relevant source of research. By all the exposed, at the end will be possible to conclude about the consonance of the legal disposition in face of the Constitution of the Republic and, consequently, of its permanence inside the Brazilian legal order. From that, there will be the possibility of exploring the solutions present in the own system, if necessary, to remove the rule and ensure its integrity and the indispensable observance of the fundamental principles and rules.