ASTREINTES AND PROCEDURAL EFFECTIVENESS: SUPERIOR COURT OF JUSTICE PRECEDENT IN REsp 1.008.853/SP

Abstract

This study examines the role of astreintes in Brazilian civil procedure, emphasizing their instrumental function in ensuring the effectiveness of judicial decisions. It is based on the premise that judicial protection is not exhausted merely by the recognition of a right, requiring, for its full realization, the practical enforcement of the judicial order. In this context, the daily coercive fine is configured as a coercive mechanism aimed at inducing the debtor to comply with the obligation. The research analyzes the legal nature of astreintes, as well as the criteria for their establishment and modification, in light of the principles of reasonableness and proportionality, especially regarding the prohibition of manifestly excessive amounts. The study also addresses the controversy concerning the possibility of revising the amount of the fine, highlighting the understanding consolidated by the Superior Court of Justice in REsp 1.008.853/SP, which allows its adjustment even after the final judgment. It is concluded that astreintes constitute a legitimate and relevant instrument of indirect coercion, capable of promoting the effectiveness of judicial protection, provided that they are applied in accordance with the parameters of balance and adequacy.