A multa Astreinte como importante medida de apoio, prevista no ordenamento jurídico brasileiro, diante do artigo 139, IV, do Novo Código de Processo Civil

Abstract

This thesis focuses the study of Astreintes Institut, coercive measure designed to comply with judicial decisions. This work analyzes some general aspects related to our Federal Constitution, especially with regard to the process effectiveness principle. The reason is that an effective process is not one that provides the party of the judicial protection when there is a command requeriment contained in the decision to be complied by opposing party in this procedural relationship. The process will be only effective if this command will be Able to make the obligation fulfilled, in the shortest time possible and closer to the prior situation to this noncompliance. The astreinte fine has this purpose. It aims to make the judicial decision be fulfilled as soon as possible, acting on the psychological of the one who must comply with it. Our civil procedural system has already established the possibility of fixing this penality for fulfillment of decisions involving obligations to make, not to make and to give thing. However, with advent of the new Civil Procedure Law, came to be admitted, including, its determination for the fulfillment the obligation to pay the amount, since the current article 139, IV of our current procedural law authorizes this fixation, as well as the use of any direct or indirect implementing measures intended to comply with the precept.This is another relevant mechanism into the system for achieving the actual civil process of results