Homologação judicial de negócio jurídico processual com cláusula de adjudicação liminar: o cumprimento de sentença e o seu controle judicial

Abstract

The present work will deal with an atypical procedural legal deal entered into by two interested parties, who have parity of arms, in order to promote an agreement for payment of previously negotiated installments, which, if not fulfilled, the creditor may exercise the power of the constrictive act and subsequent adjudication of the asset given as guarantee. This agreement was taken to the state jurisdiction to gain strength of judicial enforcement order, after its ratification. The rite had been carried out under the special procedure for ratifying extrajudicial self-composition, confirmed in the Civil Procedure Code. In a homologating sentence, the State-Judge approved all the terms of the atypical procedural legal business. Subsequently, the debtor did not follow the terms of the agreement, thus giving rise to the creditor's right to request compliance with the sentence with the preliminary injunction. The Judge State, however, in legal control, made the award impossible. In this sense, the work will seek to settle this entire legal relationship promoted by both the interested parties and the Judge State, deepening the study on the possibility of carrying out atypical procedural legal transactions, the special procedure for ratifying extrajudicial self-composition, the appropriateness of the award clause. injunction and compliance with the sentence, as well as the control carried out by the State-Judge.