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Meios atípicos de coerção do devedor na atividade executiva: critérios de aplicação

  • DOI: 10.22533/at.ed.15823250526

  • Palavras-chave: Atípicas; coercitivas; critérios; execução; medidas.

  • Keywords: Atypical; coercive; criteria; execution; measures.

  • Abstract:

    The present work aims to analyze the atypical coercive means of execution, of judicial or extrajudicial executive titles, when the means defined by law have already been applied and had no effect. This is the bibliographical study on the unnamed coercive means applicable to the execution capable of constraining the debtor to comply with the service to which he was obliged. In this sense, the requirements for applying atypical coercive measures will be examined, as well as a jurisprudential analysis on how the courts have applied such measures in specific cases. In the end, it will be concluded that the typical coercive measures need to be exhausted in order to allow the application of atypical ones, respecting the requirements of subsidiarity, proportionality and reasonableness. The main atypical coercive measures currently applicable in the executive activity will also be studied and which application criteria are required by the Superior Court of Justice, since the absence of a legal provision or exemplary list makes it difficult to visualize the possibilities of application of said atypical mechanisms of coercion of the debtor.

  • Liz Emanuelle de Carvalho Santiago
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