3.8.1 Provisional compliance with the decision
It is possible for a judge to determine a provisional decision due to an urgent situation, either during the case or in the judgment itself (Articles 300–302 of the CPC). In this case, the part of the decision that grants this provisional decision or confirms its effects continues to produce effects, though provisionally.
A judgment debtor is notified to comply with the decision through the Court Register (Diário da Justiça) by the attorney appointed in the case record; by letter with an acknowledgment of receipt, when represented by the Public Defender’s Office or when there is no attorney appointed in the case record; or by notice, when, having been served process by notice, the judgment debtor was in default during the cognizance phase (Article 513(2) of the CPC).
If the request for compliance with the decision is filed one year after the decision has become final and unappealable, notification is served to the debtor by means of a letter with an acknowledgment of receipt, sent to the address stated in the case record (Article 513(4) of the CPC). Compliance with the decision is carried out before the lower court.
Article 515 of the CPC lists the instruments that are enforceable in court, including decisions rendered in civil proceedings that recognize the enforceability of an obligation to pay a sum of money, to do something, not to do something or to deliver something (Article 515(I) of the CPC).
A final and unappealable decision may be protested after the term for voluntary payment (Article 517 of the CPC). Provisions regarding compliance with the decision, either provisional or final compliance, and the settlement, as applicable, apply to decisions that grant interlocutory relief (Article 519 of the CPC).
Provisional compliance with the decision objected to by an appeal that does not have the effect of supersedeas is performed in the same way as the final compliance, having the following particularities:
I – it is incumbent upon the judgment creditor, who undertakes, if the decision is changed, to repair the damage that the judgment debtor has suffered;
II – it becomes ineffective upon the occurrence of a decision that modifies or annuls the decision subject matter of the execution, the parties being restored to the previous status and any losses being settled in the same case record;
III – if the decision subject matter of the provisional compliance is modified or annulled only in part, the execution will be ineffective only regarding this part; [and]
IV – the withdrawal of a cash deposit and the performance of acts involving the transfer of possession or disposal of property or other real property rights, or which may result in serious damage to the judgment debtor, are subject to sufficient and suitable bond, to be arbitrated in advance by the judge and posted in the case record itself. (Article 520 of the CPC)
The bond referred to in Article 520(IV) of the CPC may be waived:
I – if the credit is of a support nature, regardless of its origin;
II – if the creditor demonstrates need;
III – if an interlocutory appeal under Article 1,042 [of the CPC] is pending;
IV – the decision to be provisionally enforced is in line with a precedent of the case law of the Federal Supreme Court or the Superior Court of Justice or in accordance with an appellate decision rendered in the judgment of repeated cases.
Sole Paragraph. The requirement for bond shall be maintained when the dismissal may result in a manifest risk of serious damage of difficult or uncertain redress. (Article 521 of the CPC)
Regarding provisional compliance with a decision, the judgment debtor may file an objection, if they so desire, as in the final compliance with the decision, a fine and the fees provided for in the final compliance with the decision being also due for the payment of a certain amount. The provisions mentioned above apply to the provisional compliance with a decision that recognizes the obligation to do, not to do or to give something, as applicable.
Where the judgment debtor appears on time and deposits the amount to be exempted from the fine, this act is not deemed incompatible with their filing of an appeal (Article 520(3) of the CPC).