Execução frustrada: possibilidade de aplicação de medidas coercitivas atípicas pela busca da satisfação do credor

Abstract

The Brazilian judicial process experiences obstacles in the enforcement phase, strongly marked by the frustration of the creditor's interests, who finds it difficult to see the performance established by the enforceable title fulfilled, whether judicial or extrajudicial. The objective of this research is to investigate the causes of the frustration of the Enforcement Process in Brazil and the practical effect of the principled clash between weighing the application of the principle of least onerousness to the debtor and the principle of efficiency of the enforcement process. To this end, an empirical Jurimetrics study was conducted, through a comparative study of the differences in approaches and application of coercive measures by the Courts of Justice of the regions of the country. Finally, the application of atypical coercive measures to seek the satisfaction of the creditor is proposed, along with a comparative study with foreign legal systems in order to inspire possible new paths. The relevance of this research is justified by the need to find solutions to the great challenge that the Judiciary faces in delivering effective judicial services that satisfy the interests of the creditor of the obligation.