O ajuizamento de ação petitória no curso de ação possessória: análise crítica da oposição como meio adequado em face da introdução do artigo 557 no novo Código de Processo Civil
Resumo
ABSTRACT: The litigation about the possibility of petitionary filling actions in the course of possessory actions is a recurrent discussion topic. With the wording of art. 557 in the text of the new Civil Procedure Code, regulating the discussion in the field in possessory seat if the claim deducted in the face of third party, opens the discussion on the possibility of opposition placement provided in the Civil Procedure Code 1973 as third party intervention, but that new status was elevated to the status of action, as appropriate means to petitionary protection. To better understand the issue, legal concepts of possessory actions, petitionary and opposition Institute are set up. At the end of the research we conclude that it is possible in the course of action for possession, the property being discussed by the opposition, cautioning that the system against any procedural fraud to the effect of circumventing the decision and effectiveness of possessory actions.
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Direitos autorais 2015 ELAINE HARZHEIM MACEDO, GEORGE JALES