ATYPICAL EXECUTION METHODS: ARE THERE LIMITS TO THE MAGISTRATE’S ACTIVITY?

Abstract

Nowadays, it is a fact that the Brazilian process is long and tends to overcrowd the judiciary. Thus, with the aim of ensuring greater effectiveness in execution processes, there was an innovation in the 2015 Civil Procedure Code with the provision, in its art. 139, IV, of atypical executive measures, aimed at satisfying the enforced obligation, including, such as paying a certain amount. Thus, through the principle of atypicality of execution methods, magistrates were given greater freedom to determine an appropriate execution method for each specific case. However, there are no positive limits to this action that determine the subjectivity of each judge. Thus, the present work seeks to analyze, through the Code of Civil Procedure and decisions in execution processes, whether the broad freedom granted to them guarantees greater effectiveness in the execution process or merely corroborates the misuse of power.