The difficulties of execution in Brazilian law and the reflexes brought by article 139, IV, of the Civil Procedure Code

Abstract

The present work aims to expose the discussion that involves the use of atypical enforcement measures, innovation of the legislator set forth in Law 13.105/2015, the current Civil Procedure Code, which resulted in significant changes in the scope of property enforcement, by instituting new measures for the purpose of ensuring compliance with judicial obligations. The controversy surrounding this issue comes within the limits that the magistrate has to enforce the performance of pecuniary obligations. To reach the conclusion, the work begins by introducing a brief historical context of individual private relationships. The historicity of the "process" from its genesis to the present day is dealt with, where guidelines such as access to justice, the slowness of the judiciary, acts that undermine the dignity of justice and the procedural constraints that prevent the process from reaching its final objective are dealt with: the res judicata of the respective lawsuit. Finally, the execution and enforcement of the sentence is addressed so that it is possible to present Article 139, IV, of the Code of Civil Procedure, its use today and the controversies that cover this topic.