Utilização de medidas atípicas no processo executivo à luz da Ação Direta de Inconstitucionalidade nº 5.941

Abstract

This paper will discuss the possibility of adopting atypical measures in the process of satisfying the executive judicial protection, based on article 139, IV of the Brazilian Civil Procedure Code, with a view to ensure that the procedure is more effective. The purpose of enforcement is to satisfy an obligation assumed by the debtor. However, in many cases, the typical measures provided for in the Brazilian Civil Procedure Code are sufficient to guarantee its fulfillment, which is why it is necessary to adopt creative and energetic measures to ensure the creditor´s rights.In this sense, the atypical measures that can be granted based on article 139, IV of the Brazilian Civil Procedure Code are extremely useful for forcing the debtor to fulfill its obligation in atypical cases. The possibility of adopting such measures was recently recognized by the Federal Supreme Court when it upheld the constitutionality of article 139, IV of the Brazilian Civil Procedure Code in Direct Action for the Declaration of nconstitutionality No. 5.941. Thus, the study will span, firstly, over the process of satisfying the executive judicial protection and the principles that govern it, and hen delve into the measures that can be adopted within it, especially in light of the judgment of the Direct Action for the Declaration of constitutionality No. 5.941. The analysis for this paper was based on the theoretical framework of the satisfaction of the xecutive judicial rotection, as well as the theoretical and practical analysis of the judgment of the Direct Action for the Declaration of constitutionality No. 5.941