Execução contra a fazenda pública : uma visão da emenda constitucional 62/2009 sob o prisma da razoável duração do processo

Abstract

The present work aims to study the Constitutional Amendment 62/2009, under the vision of the principle of reasonable duration of process, as well as their effects, direct or indirect, in the rights of creditors of writ. The process as a means of state interference in private life of people in an attempt to achieve social peace shattered by the formation of a dispute. In the concern to meet the principles of legality and legal certainty, the process is in itself, bureaucratic and time consuming, no deadline for its completion. The procedural law has evolved to make procedures quicker, providing a more efficient and effective for those looking for the judiciary. The EC-62/2009 comes to deploying a new system of writ, in which the Treasury would have defaulted two optional forms of payment: annual or monthly. In the form in which it was conceived with the lengthening of payment of the writ for fifteen years, and can perpetuate itself, constitutes a threat to meeting the overall objectives of the reforms of the Code of Civil Procedure, and an affront to the principles of effectiveness Justice , and especially the principle of reasonable duration of the PROCESS. The analysis of the aforementioned amendment is necessary to understand the changes it caused, as well as consequences of their administrative and procedural and, upon receipt of credit debt security