Ação de execução civil aspectos principais das medidas atípicas

Abstract

The primary objective of an execution is the financial recovery of the injured creditor to the detriment of the debtor, so that it can prevail its fundamental right in the face of a certain, liquid and enforceable obligation embodied in one of the executive titles, with the aim of satisfying the debt, the proposed action in popular view is considered an onerous way of coercing the citizen to pay, however its bias is the mere obligation of a promise to pay agreed between the parties, now if there was no spontaneous payment by the debtor before the agreed amount, the creditor would have no other alternative than to wait for the debt to be paid off by the debtor's free initiative when it is convenient for him. As a result of the above, over the years the civil enforcement action has undergone significant changes that have led to a conflict of understanding between the community of right, because, even though the rights provided for by law are protected, those who have this do not obtain the result at the end of the process. According to the new Code of Civil Procedure, seeking to resolve this problem, art. 139, section IV, which determined in its content that all inductive, coercive, mandatory or subrogatory measures be complied with to ensure compliance with the obligation. However, after the adoption of this article, numerous doctrinal divergences emerged regarding its constitutionality, which is also the objective of this monograph.

KEY WORDS

Code of Civil Procedure. Article 139, IV, CPC. Measurements Atypical Executives. Constitutionality.