O poder geral de efetivação das decisões judiciais nas situações de penhora de dinheiro por meio eletrônico: limites e desafios à autonomia do julgador com o advento do artigo 36 da Lei 13.869/19 (Lei de Abuso de Autoridade)

Abstract

In view of the great insecurity present in the legal scope after the entry into force of Article 36 of Law 13,869 / 2019 (Law of Abuse of Authority), mainly with regard to the effectiveness of enforcement procedures in the Brazilian judicial system, the objective is to understand the importance, for the satisfaction of the executive demands to pay a certain amount, of the protection of the electronic attachment of money through the Bacen Jud system. Therefore, through the deductive method, the historical aspects and fundamentals of the emergence of the Authority Abuse Law are analyzed, in addition to the study of the constitutional and infraconstitutional provisions of the rights concerning the resolution of credit rights in a reasonable time, as well as the analysis of the performance of the Bacen Jud system in the enforcement phase and its effectiveness in enforcing pecuniary obligations. Thus, it is observed that the provision of the rights listed in the Constitution and in the New Code of Civil Procedure, especially in its article 139, IV, which deals with the general power to enforce judicial decisions granted to the magistrate, not only authorize and legalize the measure of the electronic attachment, as evidenced by his preference at the expense of the others, in the search for the effective satisfaction of the creditor's right within a reasonable time, and, consequently, for the fulfillment of the pacifying role of the State-Judge. In this way, it is possible to conclude that such power-duty should not be exaggeratedly limited by the Legislative Power without due public interest, given that it is the legitimizing mechanism of the magistrate's decisionmaking, and through it, the authority will give to the one who provoked the judicial machine the real and concrete response to his demand in the search for credit that was not voluntarily paid.