Medidas executivas atípicas: uma análise dos meios executórios e a possibilidade do cumprimento por meio do art. 139, IV, do CPC/2015 nas obrigações de pagar quantia

Abstract

This research aims to address the issues concerning the atypical executive measures, with emphasis on the possibility of compliance with obligations to pay the amount through art. 139, IV, of the Code of Civil Procedure 2015, since it is ensured the effective jurisdictional guardianship to individuals. However, only the effectiveness of judicial protection was not enough, there must also be an executive protection. Having said that, the civil enforcement in the legal system will be analyzed, in such a way that the principle of access to justice or the unobstructability of jurisdiction was discussed, in addition to the executive protection provided for in the Code of Civil Procedure and, no less important, the executive measures provided for in article 139, IV. In a second moment, it was also discussed the atypical executive measures and their application parameters, including the general procedural executive clauses, going through the existing relation between the magistrate and the adoption of atypical measures in relation to the executive guardianship encompassing the execution and the measures adopted in the obligation to pay amount. In a last moment, the objective is to explain brief notes on article 139, IV, with emphasis on the theme of the collision of fundamental rights that arises from the moment in which a right assured to the executed party clashes with the right of the executioner to adopt an atypical measure in order to satisfy his right, ending with a case law analysis on the use of the measures in question, taking into consideration the perspective of the superior courts (Federal Supreme Court and Superior Court of Justice) and that of the State of Maranhão. To this end, the methodology adopted was exploratory, based on the collection of bibliographic data, taking into consideration those found in doctrines, legislation, articles, and case law, among others.