O conluio fraudulento como requisito para reconhecimento e decretação de fraude à execução por dívida

Abstract

This paper presents analysis regards the demand of subjective requirement for the adjudication of fraud in the execution of debt. Since the burden to rebut the presumption of good faith that infects the purchaser of the goods is the petitioner himself, was created significant opposition in doctrine and jurisprudence as to its implementation. The divergence surrounds the violation of the principles of the execution process, as well as effective‘s guardianship state, faced with the difficulty that the lender's debt is to seek evidence able to demonstrate subjectivity, which is intrinsic to human. This study aims firstly to collate the principles of executive process and, through a historical analysis, reporting the origins of containment of fraud institutes prevailing today in the Brazilian legal, pointing their basic distinctions. Exceeded the cognitive content, this paper proposes to extract the monocratic judged the many tactics that magistrates have adopted in order to respect the content of Precedent No. 375, and through the sample, determine the consequences of its application.