ACTIVITY OF EXECUTIVE MEANS IN THE LIGHT OF THE FEDERAL CONSTITUTION: LIMITS, CONDITIONS AND HYPOTHESES

Abstract

The Civil Procedure Code of 2015 adopted more modern rules in relation to the previous Code, of 1973. Among them, the atypicality of the executive means has been shown to be of great relevance to the legal system, for providing a more effective action by the power judiciary, giving the magistrate greater powers in the search for the satisfaction of a credit in execution. Despite the greater breadth of powers due to the general and open clause provided in the procedural rule, in the present work we will see that the judge's performance must be in line with the constitutional precepts.