Alteração de Juros de Mora na Fase de Execução

Por
Pedro Santos
-
301
1365

QUESTÃO ERRADA:  A alteração de juros de mora na fase de execução ofende a coisa julgada, mesmo quando realizada para adequar o percentual aplicado à legislação civil.

ERRADO.  “Os juros são consectários legais da obrigação principal, razão por que devem ser regulados pela lei vigente à época de sua incidência. Ora, se os juros são consectários legais, é evidente que o juiz, na formação do título judicial, deve especificá-los conforme a legislação vigente. Dentro dessa lógica, havendo superveniência de outra norma, o título a esta se adequa, sem que isso implique violação à coisa julgada”, afirmou o relator, ministro Mauro Campbell Marques.

Segundo a Corte Especial, a alteração da taxa legal para ajustá-la à lei vigente no momento da execução não fere o princípio da coisa julgada. “Os juros são consectários legais da obrigação principal, razão por que devem ser regulados pela lei vigente à época de sua incidência. Ora, se os juros são consectários legais, é evidente que o juiz, na formação do título judicial, deve especificá-los conforme a legislação vigente. Dentro dessa lógica, havendo superveniência de outra norma, o título a esta se adequa, sem que isso implique violação à coisa julgada”, afirmou o relator, ministro Mauro Campbell Marques.

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Retirado do site: http://www.conjur.com.br/2011-jan-31/adequar-juros-legais-fase-execucao-nao-ofende-coisa-julgada

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Pedro Santos

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