EXECUTIVE MEASURES AND THE DEBTOR'S FUNDAMENTAL RIGHTS: THE BALANCE BETWEEN THE EFFECTIVENESS OF THE EXECUTIVE PROCESS AND THE DEVELOPER'S FUNDAMENTALS RIGHTS

Abstract

In our daily lives, we witness that the cases that are processed in the Brazilian Judiciary are extensive and tend to overload the courts. In view of this, the Legislative Branch, seeking to speed up and ensure greater effectiveness in the execution phase, introduced an innovation to the 2015 Code of Civil Procedure: atypical executive measures. Provided for in art. 139, IV, of the 2015 Code of Civil Procedure, such measures aim to satisfy the obligation, including paying a certain amount. However, judges were given freedom to apply these measures. However, given this broad freedom and in search of speed, judges tend to violate the inalienable rights of debtors in order to satisfy the claimant's credit. In view of this, this paper seeks to analyze, through the Code of Civil Procedure, the methods used by judges, based on case law and specific cases that occurred in Brazil. The justification for the study is the need for a legal analysis that harmonizes procedural speed with the protection of fundamental rights, promoting fair and constitutionally adequate jurisdictional protection.