Efetividade da fase executiva: propostas de instrumentos de coerção

Abstract

Theme: financial penalties and other corrective actions regarding monetary sentences: a matter of effectiveness. Objective: evaluate the possibility of using corrective actions in the cases of execution of sentences that involve the payment of money quantities. Method: analysis of the Brazilian civil processual laws, constitutional legislation and comparison with other systems in force in the country. Also, an approach to the jurisprudential positioning and some annotations on comparative law. Outcome: after the study of all the mentioned aspects hereinabove we concluded that the processual system has improved but has not yet reached the so aimed effectiveness in terms of decisions. Brazil seems to be going in the right direction, but lacks some new mechanisms (or the improvement of the old ones) to make judicial decisions stand out and get to reach a main goal, which is social pacification. Conclusion: in the absence of express disposition, corrective mechanisms can be used, like fines and restriction of rights, as well as the protest of a sentence and the annotation of the renitent debtor in the negative credit files, also in demand cases related to the payment of money quantities, for the state should be able to guard rights in an effective manner. The existing mechanisms are not effective enough to oblige the debtor to follow judicial decisions in this kind of requirement. Other existing legislations in the act of ordainment allow certain types of restriction of rights to the so called fraudulent individual (like in cases where the Brazilian Administrative Improbity Law number 8.429/92 can be applied), which also makes it applicable to the civil processual area