Medidas atípicas aplicadas nas execuções que tenham por objeto prestação pecuniária

Abstract

The present work analyzes the atypical executive measures in the executions that have as object a monetary benefit. From the idea of jurisdictional effectiveness, the objective is to understand the evolution of the executive process, which culminated in CPC / 2015, in order to ascertain the purpose of atypical measures in this new system. In your art. 139, IV, the CPC is responsible for the judge directing the process, determining all the inductive, coercive, mandatory or subrogatory measures necessary to ensure compliance with a court order, including actions for the purpose of providing a cash benefit. The referred device concerns a general clause, generating divergent understandings about its constitutionality. Moreover, scientific work, through the hypothetical-deductive method, has the purpose of examining how the theme has been oriented. In any case, the plausible conclusion to be seen is that atypical measures represent a prosperous advance for the executive process of pecuniary obligation, but that they require caution to the unaffordable basic criteria such as subsidiarity, reasoning, contradiction, adequacy and reasonableness.