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With the new legislation under review and the advent of the New Code of Civil Procedure, the possibility and efficacy of the simulation in buying and selling real estate assets and the recognition of execution fraud, with the paradigm change, is questioned. The recognition of consilium fraudis is fundamental as an element of the simulated business. Once the object and the objective are delimited, the hypothetical-deductive method is presented to verify the conformity of the proposition-thesis to the problem question raised. It is found that the simulation, characterized by consilium fraudis, is imperative to recognize fraud to execution. Key-words: Fraud against execution; Simulation; Law 13.097/15; Record of attachment; Zeal of the Lender.

A FRAUDE À EXECUÇÃO NAS SITUAÇÕES DE INSOLVÊNCIA E A SIMULAÇÃO NO PRISMA DA LEI 13.097/15