reexecutados

Reexecutados is a term used in civil procedure to designate debtors or defendants who become the subject of a re-execution (reexecução), a new enforcement action undertaken after an initial enforcement did not fully satisfy the creditor. The term appears in Brazilian civil law and legal scholarship to describe those who face a second or subsequent enforcement aimed at satisfying a judgment or other enforceable title.

The reexecution can be triggered by partial compliance, non-payment, or other circumstances that justify further enforcement. The process typically involves enforcement measures similar to the initial action, such as asset investigations, levies, sequestration, or restrictions, all conducted under court authorization and in accordance with procedural safeguards. Debtors have rights including prior notification, the opportunity to present defenses, and limits on coercive measures to protect essential goods and privacy.

The concept emphasizes the mechanisms available to ensure creditor rights while respecting due process. It is distinct from criminal proceedings and from contexts involving the death penalty, as it deals with civil enforcement of judgments or comparable titles. Etymology-wise, it derives from the prefix re- (again) and execução (execution), literally meaning “to execute again.” In jurisprudence, reexecutados are discussed in relation to the efficiency and proportionality of enforcement, the balance between creditor interests and debtor rights, and the proper delimitation of the reexecution scope. See also concepts such as execucao, cumprimento de sentença, and título executivo.