Da (in)aplicabilidade da nova lei da execução (lei n.º 11.382/2006) aos executivos fiscais e o princípio da efetividade do processo

Abstract

The Law n. 11.382, dated December 6, 2006, brought important changes to the civil execution, changing several provisions of Book II of the Code of Civil Process. It is realized that the reason of above-mentioned Law is to ensure greater effectiveness to the execution, seeking also perform the constitutional principle of reasonable duration of the process, provision in article 5º, item LXXVIII, the Federal Constitution of 1988 with amendments introduced by Constitutional Amendment. N.º 45/2004. In this sense, and before the obvious necessity of which the fiscal execution also is endowed of the very effectiveness, occupation to observe which of the innovations brought by the new legislation will have to be applied to alternative the fiscal executives. It becomes necessary in view of the forecast of subsidiary application of the Code of Civil Process to the Law No. 6,830, of September 22, 1980 - Law of Fiscal Execution - LEF, the demarcation of the limits of this application.