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This paper aims to investigate the existence of the procedural guarantee that is fundamental to effective and timely executive tutelage as a corollary of the constitutional procedural model. From the recognition of such guarantee, it analyzes the system of execution against the Public Treasury in CPC/2015, in comparison to the previous rule. Regarding the doctrinal and jurisprudential production, both before and after CPC/2015, there is a need for (re)reading the doctrinal and jurisprudential positions on the procedure mentioned, in order to effectuate such guarantee, particularly the possibility of proceeding with the execution after the impugnation is rejected, in spite of the pending appeal.

CUMPRIMENTO DE SENTENÇA EM FACE DA FAZENDA PÚBLICA E GARANTIA FUNDAMENTAL À TUTELA EXECUTIVA EFETIVA E EM TEMPO RAZOÁVEL: UMA SITUAÇÃO A SER SUPERADA