Aplicação das medidas atípicas na execução por quantia certa: o STJ e o Art. 139, IV, do CPC

Abstract

This study analyze the section 139, IV, of the brazilian Civil Procedure Code of 2015, whose objective is to guarantee the greatest effectiveness of judicial decisions, due to its own inaccuracy and your vague concepts that lead to several contradictory decisions during the execution proceedings. The legal bases of these decisions were several times reviewed by the Superior Court of Justice - STJ. But, yet, we believe that this unstable scenario does not undermine the remarkable intention of the legislative text. In fact, we will see that the reasons why the interpretations extracted from this legal text are diverse boil down to the fact that the legislator was not concerned with defining specific legality control criteria for the use of this legal artifice. With the increased use of this device, the courts have relied on the general postulates inserted in the Code of Civil Procedure of 2015 under the focus of a systematic interpretation of the procedural order. This, it is intended in the course of this monograph to subtract the control parameters already defined exclusively by the brazilian Superior Court of Justice until now, to later comment on them, in isolation, with the purpose of inserting this atypical enforcement measures within the limits of the national legal system.