Medidas atípicas coercitivas na execução civil: a possibilidade de apreensão de passaporte e suspensão de CNH do executado

• Autor(a) principal: SILVA, Nicolly Almeida Kuceki da Silva
• Data de Publicação: 2021
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Repositório Digital Unicesumar
• Texto Completo: http://rdu.unicesumar.edu.br/handle/123456789/7263
• topic: Direito Processual Civil; processo de execução; medias atípicas coercitívas; suspensão de Carteira Nacional de Habilitação - CNH; suspensão de passaporte; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The present work has the ability to analyze the application of atypical coercive measures in the act of civil execution, with the support of charging a certain amount of money, in particular, with support in the hypothetical-deductive method and analysis of the sources of law, doctrine and jurisprudence, in the suspension measures of the National Driver's License (CNH) and seizure of the debtor's passport, as coercive forms, which will have the power to impel the debtor-debtor to fulfill the sub judicie obligation, demonstrating its foundation, as well as the hypotheses through analysis, also, of the legal text, opposing the conflicts of fundamental constitutional rights and of the rights of the personality, above all dignity of the human person, freedom of movement and due legal process, which arise from this problematic, seeking to demonstrate in a precipitous way its form of application, as well as the way in which it is related to the national legal framework. The research is based on data collected in doctrines and jurisprudence, using several specialized legal sources based in the Brazilian Courts, based on the hypothetical-deductive method. This article extends the previous research on the applicability of refinements in civil enforcement, with the constant evolutions of auxiliary methods to the judicial provision, to reach the main objective, the payment to the creditor, that is, the consolidation of the jurisdiction through the guarantee of the violated right. It concludes by analyzing the impacts that emerge on the rights of the personality and the erosion of these rights of the creditor, if the coercive techniques available are not used, which will end up representing a flagrant violation of this important fundamental right, which is the due legal process, and may even reach the statute of limitations, with the fulmination of the law, drawing, in this way, a counterpoint between the subjective rights that will be brought up for the judicial provision, being the right of the creditor versus the right of the debtor, demonstrating, with this, how the “limitation” of each other.