As medidas executivas atípicas: uma análise da constitucionalidade e aplicação prática junto aos tribunais superiores

• Autor(a) principal: Fernandes, Barbara Bonifacio
• Data de Publicação: 2020
• 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/26613
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL; Processo civil; Medidas atípicas; Artigo 139; inciso IV; Atipicidade dos meios executivos; Execução civil; Civil Procedure; Implementing measures; Article 139; Item IV; Civil execution

The objective of the present study was to analyze implementing measures provided for in Article 139, IV of the Civil Procedure Code of 2015. It refers to the constitutionality of the article and its practical application at Superior Court of Justice – STJ and Federal Supreme Court - STF. The hypothetical-deductive method is used in the present study, in which the central questioning was the unconstitutionality of the norm. In this study, the history of implementing measures was presented, as well as the context in which the Civil Procedure Code of 2015 emerged. The study also show that the article 139, item IV of the Civil Procedure Code was the subject of a Right of Unconstitutionality Action No. 5941. This section of the study gives a summary of the case. This study contains doctrinaire and jurisprudence discussions about the implementing measures in Civil Procedure theme and, at the end, a study case involving research with the jurisprudence bank of the Superior Court of Justice and the Supreme Federal Court to verify the practical aspects in the application of implementing, with quantitative and qualitative data about the most used legal foundations and types of implementing measures applied. It concludes, at the end, by the constitutionality of the rule, which must be applied by observing specific precautions, these exposed in the conclusionThe theoretical foundations adopted were fundamental to enable the understanding that the concepts used by the Constitutional text, from an analytically structured system, do not authorize the extension or alteration of these by infraconstitutional legislation, pointing, finally, to the illegitimacy of the Tax requirement on Income in view of the values perceived as Selic Rate in the repetition of tax undue, mainly when understanding the nature and the function of this index in the refund of taxes unduly collected