Defesa de terceiro em execução como direito da personalidade: requisitos para embargos de terceiro e o êxito no cancelamento da penhora do bem

Abstract

The objective of this research is to point out ways to the problem related to the pertinence of the requirements for third party embargoes and the success in the cancellation of the attachment of the respective good. Third-party embargoes are processed under a special procedure, provided for in the Code of Civil Procedure, and may be used by those who, not being a party to the process, are constrained or threatened with constriction on assets they own or over which they have incompatible rights with the restrictive act, you may request its cancellation or disqualification through third-party embargoes, the following is considered a third party for the purposes of the law who suffers judicial constriction of their assets due to disregard of the legal personality, which has been party to the incident , third-party embargoes are an autonomous defensive action, since they aim to prevent or redeem assets or rights or parts of them, belonging to third parties, from judicial coercion resulting from processes with which they have no connection. The scientific method used to carry out the study was the deductive one, guided by bibliographical and jurisprudential research.