Análise sobre a viabilidade de medidas coercitivas contra os entes públicos: a impenhorabilidade dos bens públicos como subterfúgio para o não cumprimento das decisões judiciais

Abstract

This paper analyzes the feasibility of constrictive measures against public entities, focusing on the unseizability of public assets as a subterfuge for non-compliance with judicial decisions. It is an explanatory research, with the use of literature review and deductive approach, in addition to the analysis of judicial decisions and concrete cases. The study examined the legal basis for unseizability, provided for in the Federal Constitution of 1988 and in the Code of Civil Procedure, identifying that, although they protect state assets, these rules can be used to postpone or avoid payments due by the State. The research revealed that this practice compromises the effectiveness of the judicial system and the rights of creditors. It was concluded that a balance is needed between the protection of public assets and the guarantee of compliance with court decisions, suggesting the adoption of alternative mechanisms that ensure the satisfaction of creditors' rights without compromising the continuity of public services.