Medidas executivas atípicas no Processo Civil Brasileiro

• Autor(a) principal: Oliveira, Letícia Lupinacci de
• Data de Publicação: 2023
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/40478
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Processo civil; Medidas executivas atípicas; Aplicabilidade; Limites; Tema 1137 do Superior Tribunal de Justiça; Civil procedure; Atypical executive measures; Applicability; Limits; Theme 1137 of the Superior Court of Justice

This monograph aims to deal with the applicability and limits of atypical enforcement measures in executive guardianships, bearing in mind that, in most cases, typical enforcement measures are ineffective in ensuring compliance with the court order. This is because the Code of Civil Procedure of 2015 improved procedural techniques, with the advent of article 139, item IV of the law, in order to make satisfactory relief more effective. The research was carried out through, firstly, an analysis of doctrines on the subject, providing an overview of enforcement proceedings, as well as dealing with atypical enforcement measures. Soon after, an analysis of the jurisprudence of the State Courts on the subject was carried out and, finally, it was dealt with on Theme 1137 of the Superior Court of Justice. The conclusion was made in the sense of the evident need for mutability and flexibility of the Brazilian legal system so that atypical enforcement measures can be applied and thus make enforcement procedures faster and more effective