Open AccessCPC/2015 E A APLICAÇÃO DAS MEDIDAS ATÍPICAS NO PROCESSO DE EXECUÇÃO
Author(s) -
Natália Alves de Santana,
Carolina Mendes Mosaner,
Caroline Regina da Silva
Publication year - 2018
Publication title -
colloquium socialis
Language(s) - English
Resource type - Journals
ISSN - 2526-7035
DOI - 10.5747/cs.2018.v02.nesp2.s0376
Subject(s) - constitution , proportionality (law) , process (computing) , computer science , law , political science , programming language
This paper aims to analyze the possibility of applying atypical measures of the judge in executionprocess, under the light of constitucional priciples and the processual legal system. The possibilityhas been foreseen in the article 139, IV, of CPC/2015 and caused controversy among operators oflaw, since it is understood that the application of such measures violates the principles ofproportionality and reasonableness, as well as the fundamental guarantees provided for in theFederal Constitution, such as the right to freedom of movement. On the other hand, it isunderstood that such measures collaborate with the procedural effectiveness. Will be analyzedthe possibilities application of this measures, its limitations and its fundamentals.