Reflexões acerca da executividade das sentenças de improcedência em ações declaratórias negativas

Abstract

The paper analyzes the enforceability of the sentences of dismissal of declaratory claims of non-obligation, trying to demonstrate that, despite the doctrinal and jurisprudential tendency, it can not be said that any sentence of dismissal of a declaratory claim of non obligation is a title executive. Using as a methodological option the bibliographic research and the jurisprudence of the Superior Court of Justice, the study begins analyzing the evolution of the expansion of the hypotheses of declaratory tutelage. In the next topic, to face the movement that reached the Superior Court of Justice, triggering the revision in the classic doctrine that every declaratory sentence is a judicial enforceable title. It is concluded that not every decision of inadmissibility of a declaratory claim of non-existence of the obligation is a judicial enforceable title because this would generate an antinomy in our procedural system, in violation of the guarantee of due process, since it can not be admitted the execution of a sentence, which failed to examine all aspects of the existence or non-existence of the right to do so, and at the same time to limit its defense at the time of the impugnation to compliance with the sentence.