Ação monitória e o novo código de processo civil: mudanças e reflexos judiciais

Abstract

The paper deals with a substantive and concrete analysis of the monition action before the Civil Procedure Code of 2015 (CPC/2015). It begins with a description of the institute, addressing the legal concepts, legal nature and main points contained in the judicial procedure, such as the characterization of what is understood as written evidence, the various positions of the defendant in the special procedural rite and the nature of the monition order as a kind of injunction. Also, in a descriptive way, the work deals with the monition against the Public Treasury, discussing the procedural prerogatives, the legal and jurisprudential aspects and their specific systems of applicability. In the sequence, it discusses the important changes and reflexes in the monition action from CPC/15, highlighting doctrinal and jurisprudential understandings that were established in the legislation, constructing, inclusively, new hypotheses of the filing of monition action under the common rite, highlighting the fundamental rules contained in the civil procedure, bringing a conflict with the old legislation and already repealed. Finally, it performs qualitative empirical research with a detailed study of REsp 1.381.603-MS, which considered as written evidence the e-mail (electronic mail) for the prosecution of monition actions, thus shortening the gap between the factual question, of a social nature, with the legal norm, as well as, breaking, in perfect harmony with the technological and scientific changes of the globalized world, with the classic doctrines that did not admit the use of the tool as a instrument for concretization of non-executive pretension.