THE POSSIBILITY OF CUMULATION OF THE RITES OF ATTACHMENT AND CIVIL PRISON IN THE ACTION OF FOOD

Abstract

This course conclusion work aims to analyze the possibility of combining the rites of attachment and civil arrest in the context of the food action, which will occur through reflection on the rules of the New Code Of Civil of 2015 on the possible rites in the context of the enforcement process, identifying the constitutional and legal grounds for the possibility of cumulating attachment and imprisonment rites, making the possible to define the parameters for situations in which their cumulation is not appropriate. The research method use has a deductive character, which is based on a bibliographical review, thus allowing the obtaining of information relevant to the problem in question. In this sense, the understanding is that the execution of judicial, extrajudicial title or compliance with a sentence in the context of the maintenance action, is a legal instrument designed to honor the creditor who seeks the judiciary to guarantee the protection of his right, therefore, it highlights it noted that the cumulation of the rites of personal coercion and expropriation within the scope of the same procedure can be beneficial to the same, as long as there is no procedural turmoil or harm to the debtor, which can be proven by the magistrate in each case, nonetheless.