ATYPICAL MEASURES OF EXECUTIVE COERCION
Abstract
The executive activity presents itself as a judicial stage that seeks to guarantee, in the face of the resisted claim of the executed, the eff ective fulfi llment of an obligation by means of coercive measures. The fi rst apparitions of these measures go back to the time of the primitive Roman law that allowed the creditor to demand, in the last case, that the debt be satisfi ed with the very disposition of the body of the debtor. Later,
with the emergence of the concept of patrimonial responsibility, the execution adopted new contours to reach the property of the debtor, as an indispensable measure for the satisfaction of the debt. In Brazil, executive coercion measures played a prominent role, especially with the entry into force of the Code of Civil Procedure of 2015, which gave the judge greater scope for action, especially with regard to obligations to pay. However, the fi rst practical features of this legislative innovation and the limits of the judge’s performance were left to the jurisprudence, as illustrated in a very recent ruling issued in August/2018 by the Superior Court of Justice. Thus, the objective of this article is to analyze, from a historical and pragmatic
context, the application of atypical measures of executive coercion in civil procedural law. To do so, will be used bibliographic research based on specifi publications on the subject, legislation and jurisprudence.
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