Tutela das obrigações de fazer e não fazer (art.461 cpc) e sua extensão ás obrigações de entrega de coisa (art. 461- a) multa coercitiva

• Autor(a) principal: Urtozini, Marlon Tramontina Cruz
• Data de Publicação: 2010
• 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/35060
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO PROCESSUAL CIVIL

The monograph will address the impact of general and specific protection in the bonds of do's and don'ts, contained in article 461 of the Code of Civil Procedure under the Brazilian civil procedural law by enactment of Law nº 8.952/94 and supplemented by Law nº 10.444 / 2002. Their survey aims to compare this model of supervision with the procedure of implementation of the obligations of doing and not doing as well as provide an overview of the system for enforcing rights. This model of supervision that now has even greater relevance in our planning as it extended, as appropriate, the delivery obligations of thing (art. 461-A, CPC). The author uses the historical method, and deductive logic based on library research related to the themes and works dealing with related issues such as access to justice, the principle of effectiveness applied to the process, fine and relevant legislation. As if seeking a civil case of result, not enough to fulfill the obligation for damages, whether to plead the effective adimplement what actually is required, which will occur through acts or executive commands. With the emergence of new legal relations and the need for a judicial review differently, in order to protect adequately and effectively the various types of substantive rights, especially those not content assets, which can‘t be effectively protected by the technique of compensation for the equivalent money, fell to the procedure as a tool to perform this function, the role of pacifying the social environment and solidify the ideal of justice in the face of civil procedure results. Thus emerged the important legislative amendment, which resulted in the issue of the Institute of specific protection in obligations to do and not do, always seeking the principle of maximum effectiveness between the intended result and provided legal protection, ie, it is necessary a special system guardianship, which make use of preventive custody, one that is put into practice even before the injury to the right in order to inhibit or stop there at the outset