THE REQUIREMENT OF DISCRIMINATE ANALYSIS OF THE CONSEQUENCES OF THE SUSPENSION OF THE NATIONAL DRIVING LICENSE FOR PROFESSIONAL DRIVERS

Abstract

The article discusses the changes introduced by the 2015 Civil Procedure Code(CPC), which gave judges powers to impose atypical coercive measures on debtors,including the suspension of the National Driving License (CNH). The controversysurrounding the constitutionality of article 139, IV of theCivil Procedure Code (CPC)stands out, which raises questions about the proportionality and reasonableness of thesemeasures, especially when applied to professionals, such as drivers. Finally, when imposingatypical coercive measures, the importance of carefully assessing the circumstances of thecase is discussed to ensure that it is proportionate and appropriate. The need for the judgeto adequately justify the application of these measures is emphasized, to avoid violations ofthe principle of proportionality