Das sanções pecuniárias aplicáveis ante o descumprimento das decisões proferidas no juízo cível

Abstract

The present work exhibits the main target of analyzing the applicable pecuniary sanctions in cases of disregard of the sentences pronounced by the civil judgment. Such disrespect to the happened uprisings of the Judiciary Power, situation that if has become common in the native reality, appears as a confront to the effectiveness of the process and the basic right of the access to the Justice foreseen in the article 5º, XXXV, of the Federal Constitution, that must be understood as the right of an effective transformation in the practical world and not only as the provisions delivery deeds of division, duly warned if to have a "Jurisdiction of paper". Most intriguing is that the national legal system already theoretically makes use of apt sanctions to hinder the recalcitrance, amongst which those of pecuniary nature are found in articles 14, 461, 461-A and 601 of the Code of Civil Process. What if it makes necessary is the knowledge of such practical sanctions and the application of the same ones, punishing who commits so reckless act to the exercise of justice. The magistrate, coated with the powers he has been given especially by the last reforms in the Code of Civil Process, exhibits important paper in this necessity. We can not refuse, however, that, in lege ferenda, some alterations are necessary to the cited disposals in order to grant to greater improvement to them.