Penhora e direitos fundamentais das partes na execução civil

Abstract

This paper deals with attachment in the Brazilian civil enforcement process with the aim of verifying the dual function of the institute: protecting the creditor's rights and guaranteeing the fundamental rights of the debtor. Attachment is examined in terms of its purpose of guaranteeing the creditor's claim, its historical origin and its legal evolution, while also analyzing its impacts through the violation of the debtor's principles, especially the right to property, dignity, housing and work. The methodology used in the study to address these issues is through research into doctrine and case law, examining how the right to credit is effective in relation to the protection of the debtor's assets in order to reconcile the Reason for the maximum effectiveness of credit and the principles of reasonableness and proportionality. The importance of the judge's role as guarantor of justice in the conflict is emphasized, instrumentalizing the incidence of seizure in accordance with the law and the constitutional norm. In addition, it looks at emergency measures designed to safeguard the correct application of the rule in the specific case, proposing a system capable of reconciling property interests with the dignity of the individual