Da incidência das astreintes nas obrigações de fazer e não fazer, entregar ou dar e pagar quantia certa

Abstract

The present paper aims at demonstrating the application of the astreintes in the obligations to make, not to make, to deliver or to give and to pay exact amount, demonstrating the current discussions and innovations introduced by the new Code of Civil Procedure of 2015. It is possible to conceptualize the astreintes as a fine which is aimed at putting pressure on the debtor to comply with an agreed judicial order, and may focus on the knowledge phase, provisional protection and sentence, as well as the executive phase, in the form of a procedural incident, based on a judicial or extrajudicial title. In addition, there are several controversial and controversial points that involve this subject and which will be outlined in this work, such as: the possibility of changing the value and periodicity of astreintes, the limit value of its fixation, modification of astreintes after res judicata, of the possibility of imposing a fine on the obligations to pay certain amount, on the incidence of the attendants in the obligations to do, not to do and to deliver something, on the way of its execution, on overcoming the understanding of the 410 Supreme Court and its enforceability in cases of improper action.