STJ sees nullity in the lack of subpoena of a defendant revealed in the phase of compliance with the judgment

in a recent decision, the Superior Court of Justice considered the lack of defendant's lack of subpoena revel in the phase of Compliance with judgment, applying the legal provision that determines the debtor's subpoena to comply with the judgment, even if, cited in the knowledge phase, has failed to contest.

In this case, the Superior Court filed a decision of the Rio Grande do Sul Court of Justice that it considered the personal subpoena of the defendant unnecessary, claiming that the party showed disinterest in participating in the process.

As a consequence of the decision, the STJ annulled the procedural acts after the moment the executed party should have been summoned to comply with the judgment and determined the return of the case to the first instance.