Medidas coercitivas atípicas em execuções pecuniárias: um estudo à luz do art. 139, iv, do código de processo civil

Abstract

This paper addresses the efficiency of enforcement in Brazilian civil procedural law, specifically through the atypical coercive measures provided for in Article 139, subsection IV, of the 2015 Code of Civil Procedure. The research critically analyzes the implementation of such measures in pecuniary enforcement proceedings and proposes minimum parameters to ensure their appropriate and proportional application, safeguarding the constitutional rights of the debtor. It encompasses a doctrinal and jurisprudential analysis, grounded in the evaluation of the principles of reasonableness, proportionality, and prohibition of excess, aiming to guarantee legal certainty and the realization of creditors' rights. The study questions the legitimacy and constitutionality of such measures and proposes an interpretive framework that allows their effective and equitable implementation, considering the particularities of each case. Within legal and constitutional limits, the adoption of atypical coercive measures is perfectly appropriate. The research concludes that the use of atypical coercive measures is pertinent, as long as legal and constitutional limits are respected, aiming for a balance between procedural speed and the protection of fundamental rights.