A executividade das sentenças de improcedência nas ações declaratórias negativas

Abstract

The present study has as its main objective to analyze the legal feasibility of the enforcement of judgments of dismissal rendered in negative declaratory actions, a situation in which the claim filed by the plaintiff is dismissed and, due to the dual nature of such action, the right claimed by the defendant is recognized, allowing them to seek the enforcement of the judicial decision. In this sense, the study begins with a general analysis of the enforcement proceeding and of enforceable instruments, with emphasis on the hypothesis provided in Article 515, I, as well as on the legislative changes that resulted in the final wording of said provision. Next, the nature and effects of declaratory judgments are examined, along with the legal grounds that support their enforceability. Finally, the analysis focuses on the core of the study: the possibility of enforcing the judgment of dismissal in negative declaratory actions. To that end, the main arguments in favor of the thesis are presented, as well as the opposing views, highlighting their main contradictions. Likewise, an investigation is carried out on Brazilian case law regarding the matter, especially in light of the judgment in Special Appeal No. 1.324.152/SP by the Superior Court of Justice. Based on this path, the conclusion is that, once the specific requirements of the enforceable instrument are met and the obligation is deemed enforceable, the judgment of dismissal rendered in a negative declaratory action may be considered a judicial enforceable instrument, legitimizing its enforcement by the defendant.