A mitigação da efetividade das astreintes no direito processual civil brasileiro quando minorado sob o argumento de enriquecimento indevido do benefíciário da multa

Abstract

This work, generally, is about the study of the institute of astreintes, in particular, its legal nature, function, purpose, application form by the Judge, evolution and improvement in the Brazilian Civil Procedure, focusing on the possibility, or not, its limitation to the amount of the principal obligation pursued in court in favor of the recalcitrant debtor, on the grounds of unjust enrichment of the creditor of the obligation whose preparation was signed by descriptive and analytical approach of the institute, founded in eminently bibliographical sources, such as books and articles, but with frequent recurrence to laws and jurisprudence, having, at the end, come to the conclusion that, due to the legal nature of the penalty payment and failing yo distort its purpose, and to give interpretation and application unconstitucional the institute, not counting under burden on the creditor would be illegitimate judicial decision, despite any change in the fact situation that gave rise to its sanction, determines reducing the amount of the principal obligation of the entire period in which regularly covered in the process.