O princípio da atipicidade dos meios executivos na execução civil de pagar quantia certa: a aplicação do método para a superação da frustração executiva patrimonial no Brasil

Abstract

This monograph seeks to analyze the possibility of novel art. 139, item IV of the Code of Civil Procedure of 2015, which recognizes the principle of atypicality of the methods executives, have the power to overcome the executive frustration that is marked in reality Brazilian. The relevance of the study and discussion of the theme is evident when understanding the perennial situation of civil enforcement proceedings in Brazil, which demonstrates the occupation of such a class in more than half of the collection of the Power Judiciary. To carry out the research, we used the hypothetical-deductive method, various bibliographic references, jurisprudence and the report “Justice in Numbers”, prepared by the National Council of Justice (CNJ), which helped in the essential considerations to the indexes related to the executive processes in the country. In search of a conclusion on the application of atypical coercive methods in pecuniary civil executions and their ability to overcome executive frustrations, the jurisprudential requirements for its use, making the appropriate criticisms and, in the end, concluding on the question that does justice to the present work