Ferramentas executórias atípicas sob o prisma do art. 139, IV, do CPC: análise quanto à efetividade das medidas deferidas em Barra do Garças-MT

Abstract

Faced the difficulty in finding the debtor's expropriable patrimony, the execution processes are prolonged in time, falling on atypical executive measures the ability of seeking the satisfaction of the creditor's right. The present work has as its central theme the study of the atypical execution tools under the prism of article 139, IV, of the Civil Procedure Code: analysis of the effectiveness of the measures taken in Barra do Garças-MT. It is intended to answer the following research question: What is the effectiveness of the atypical executive measures claimed by the creditor in terms of achieving its purpose, in other words, the performance of the obligation to pay the debt? From the quantitative method, based on data collection in the 1st Civil Court of the District of Barra do Garças-MT, the main objective of this research was delimited to identify the effectiveness of atypical executive measures applied between August 2018 and March 2020. As secondary objectives, the analysis of the problem of the duration of the execution processes and the study of the restriction criteria designed by the national doctrine and jurisprudence. The conclusion reached was 12% effectiveness of the atypical executive measure consisting in the suspension of the debtor's national driving license. Which means that, for every 100 (one hundred) enforcement proceedings, 12 (twelve) will achieve the objective of satisfy the creditor's credit and will be extinct with merit resolution.