As medidas executivas atípicas autorizadas pelo CPC/2015: uma análise acerca da aplicabilidade do instituto e de suas limitações no ordenamento jurídico pátrio

Abstract

This scientific article has the scope of analyzing the applicability of the atypical executive measures authorized by the Code of Civil Procedure of 2015, and its limitations, considering that the legislative excerpt was promulgated in a way that was too broad. For this reason, the impact of the advent of atypical executive measures is so great that an accurate study of the theme was necessary, especially on limits and effectiveness. Initially, considerations were made about the executive process in Brazil. Then, the preambular premises about the atypicality of the executive means were verified. Soon after, the doctrinal position on the matter was observed. Subsequently, there was the possibility of using jurisprudence and precedent as normative sources for limiting atypical executive measures. Finally, it was investigated which are the most effective atypical executive measures from the perspective of credit satisfaction. To this end, the research was developed through bibliographic and documentary considerations, with critical readings and analyzes being carried out on articles and specialized doctrine, with a view to collecting relevant information on the subject. Through a critical evaluation, the result found was the possibility of using precedent and jurisprudence as guiding pillars for the applicability of atypical executive measures in the national legal system, since such institutes have the ability to fill the legislative omission, which it makes it possible to apply the atypical nature of the executive means, according to each specific situation, protecting the jurisdiction against any arbitrariness that may be perpetrated, and, consequently, culminates in ensuring the legal security of the system.