The Superior Court of Justice postponed the judgment that discusses the possibility of cumulating the honorary amount fixed in embargoes on execution with that arbitrated in the execution itself against the Public Treasury. The rapporteur, after disagreement, asked for a view.





The rapporteur, Minister Mauro Campbell Marques, proposed the establishment of two theses:



“The debtor's embargoes are a true action B2B Lead of knowledge, which cannot be confused with the execution action, which is why the legal fees can be set autonomously and independently in each of the aforementioned actions, as long as the cumulative amount of the honorary amount does not exceed the maximum limit provided for in article 20 of the 1973 Code of Civil Procedure".



“The lack of reciprocity in obligations or bilaterality of credits, presuppositions of the compensation institute referred to in article 368 of the CC/2002, implies the impossibility of compensating the fees fixed in embargoes on execution with those fixed in the execution action itself ”.



Interdependence

When opening divergence regarding the first thesis, Minister Raul Araújo understood that the execution action has an interdependent relationship with the incidental action of embargoes on execution.