A inadequabilidade dos meios executivos utilizados nos juizados especiais cíveis: um estudo de caso acerca da penhora e das medidas atípicas

Abstract

There is analysed the executive process practiced in the Special Courts, especially the inadequacy of the normally used ways, originating from the Common Justice, in those special organs. They are analysed the atypical measures and the cases of impenetrability, predicted, respectively, in the articles 139, IV, and 833, both of the Code of Civil Process. Initially the Executive Process will be studied, in a second moment the aspects interrelates of the Civil and Criminal Special Courts, and subsequently several concrete cases, with the aim of 9.099 of 1995 finds the durance of the question, so that, finally, 13.105 of 2015 are proposed solutions for the pointed problems, with the proper legal notes, especially of the Law n °, of the Law n ° and of the Federal Constitution of 2018. It is longed, still, to demonstrate the viability of the social conflicts through the proportional and appropriate state-owned acting.