THE IMPORTANCE OF THE DEFENDANT'S MANIFESTATION IN THE MONITORING ACTION

Abstract

The purpose of this article is to provide an understanding of the importance of the defendant's manifestation in the monitoring action, in particular the effects of the absence of embargoes on the monitoring warrant, especially if the consequence of this inertia operates in the form of default or res judicata. Such a study is of great relevance, since the lack of information in relation to the proposed theme, not infrequently, makes the party that should practice such an act, embargoes, remain inert, obtaining damages that are difficult to repair, which perhaps would not have occurred if there had been greater knowledge about the subject now addressed. In this way, it will be sought to list the requirements for the issuance of the monitory warrant, point out the presence of default and res judicata in the monitory action, point out the effects of the absence of embargoes on the monitory warrant, as well as identify the moment in which the defendant appears as executed in the monitoring action. Therefore, bibliographical research will be used, using laws, jurisprudence, doctrines, in addition to seven scientific articles, aiming at understanding, as well as the search for current and relevant information related to the proposed theme. It is hoped that this article will not only serve as a study tool for law students, but that it can be used by everyone who works in the legal field and that through this it will be possible, in addition to developing work, to bring knowledge about the defendant's manifestation in Monitoring Action.