The Superior Court of Justice has consolidated understanding that the value that the executed considers as correct must be expressed in the petition of challenge to compliance with a reasoned sentence in excess of execution (Article 475-L, item V, of the Code of Procedure Civil), under penalty of rejection Liminar.

The first class of the upper cut, by judging the special appeal n. 1,387,248 / SC, affected by the rite of the repetitive appeal, decided that the executed which claims excess execution shall, at the outset, shall submit the calculations which demonstrate, in their understanding, the correct value to be paid to the exequent, being inadmissible petition in this sense.

The decision was based on the rule of paragraph 2 of art. 475-L of the Code of Civil Procedure, which, in the understanding of the STJ, is characterized as a reverse to the standard of art. 475-B of the Code of Civil Procedure, which imposes on the executing the demonstration, already at the beginning of the fulfillment phase of judgment, calculations that make up their credit.

The consolidation of this understanding employs Celeraity to the procedure, since referred to by Minister Paulo De Tarso Sanseverino, the rapporteur of the case, on the one hand, prevents the fulfillment phase of judgment to be deleted from the presentation of unfounded Generic allegations on the excess execution, and, on the other hand, allows the uncontroversy value to be raised by the exequent.