Entre a coerção e a punição: poderes dos juízes e os limites de incidência das medidas atípicas nas execuções pecuniárias

Abstract

The present monographic work aims to analyse the limits of the powers of the judges when applying an atypical coercive measure in pecuniary execution. For this, it will be necessary to make an approach on the main institutes of the civil execution, such as its concept, its classification, its principles and the executive means. And, in addition, it will be imperative to understand the types of executive systems possible in a legal order, going through a historical evolution of these systems, from the Civil Procedure Code of 1973, to the institution of art. 139, IV, from the CPC of 2015, it seeks to demonstrate the executive system adopted through this legal device. Moreover, it will be approached through the justification, interpretation and scope of the aforementioned legal instrument, as well as the atypical coercive measures that have been applied by jurisprudence from the perspective of fundamental rights and the Principle of Proportionality, this study also points out to decision issued by STJ through RHC 97.876/SP and as well as the recent decision issued by Civil Court of the District of Cururupu/MA, through the case no 251-19.2014.8.10.0084, and lastly the judicial opinions given by the Civil Courts of the District of São Luís concerning coercive measures. For this, the research uses the hypothetical-deductive method, with an exploratory and descriptive approach, and a bibliographical and documentary procedural technique.