exequente

Exequente is a term used in civil procedure to designate the party that seeks the enforcement of a legally enforceable title. The exequente initiates and leads the enforcement process to compel compliance with a judgment, arbitral award, notarial deed, or other instrument that creates a right and an obligation that must be carried out. In practice, the exequente is typically the creditor or the holder of the enforceable right, while the other party in the enforcement is the executado, the debtor or obligor.

The exequente bears the responsibility of presenting the enforceable title to the court and proving that the obligation has not been fulfilled. The goal is to obtain coercive measures that ensure satisfaction of the right, such as orders for payment, seizure of assets (penhora), freezes on accounts, delivery of goods, or other appropriate remedies. The exact measures depend on the nature of the title and the jurisdiction.

Procedural steps often include a pedido de cumprimento (request for enforcement), followed by the court issuing the necessary orders and monitoring the enforcement. The executado may contest the enforcement through defenses like embargos à execução, potentially delaying or modifying the measures.

Enforceable titles can include judicial decisions, arbitral awards recognized by a court, certain notarial deeds with express recognition of an obligation, and other instruments provided by law. The exequente, in turn, may be required to provide security, cover costs, and comply with procedural formalities.

In summary, the exequente is the party that seeks to convert a recognized right into an enforceable remedy through the enforcement process, aiming to satisfy the obligation established in the title.