Devo não nego, pago se quiser? a (in) eficácia da aplicação de medidas típicas e atípicas na execução de alimentos em sede da Defensoria Pública do Estado do Maranhão

Abstract

With the 2015 innovation of the Code of Civil Procedure in article 139, IV, regarding to the possibility of applying atypical executive measures in a subsidiary way in order to guarantee the effectiveness of the execution process and, consequently, the power that the judge has to decide. Two principles would guide the application of atypical measures: proportionality and reasonableness are two principles that could guide the application of atypical actions. It turns out that many interpretations converged on the idea of innovation, and that the use of these kind of actions could be made when a procedure does not bring satisfactory results, in addition to placing the debtor in a position of restricted rights. It is noteworthy that the decisions of alimony protects a basic right of subsistence, a dignified life and, due to the very particularity of material law, needs to be guaranteed, however, the application of atypical measures in terms of pension food execution can be shown as (un)effective as, in the case of low-income people, the seizure of a passport or drive license. For this essay, exploratory and hypothetical-deductive methods were used to analyze the most applied decisions and the proportion of their efficiency in guaranteeing rights, in addition to observing doctrinal and jurisprudential positions.