Do processo de execução: medidas executivas atípicas

Abstract

This work addresses atypical enforcement measures, legal tools introduced by the Brazilian Civil Procedure Code of 2015 (CPC/2015) that grant judges broad powers to adopt necessary measures – whether inductive, coercive, mandamental or subrogatory – in order to ensure the effective enforcement of judicial decisions. This theme is set in the context of seeking effective and swift civil execution, especially given the emergence of intangible and digital assets (cryptocurrencies, mobile payment balances, monetized social media accounts, etc.) that are beyond the reach of traditional remedies. The main objective of the study is to analyze when and how these so-called inominadas measures can be applied, examining their requirements, limits and impact on the effectiveness of judicial relief. The research is based on bibliographic review and a comparative analysis of procedural codes (CPC/1973 vs. CPC/2015), as well as relevant doctrine and case law. It was found that the CPC/2015 significantly expanded the judge’s powers in enforcement – for example, art. 139, IV authorizes an enlarged set of enforcement measures – overcoming the rigidity of the previous code and expressly recognizing the possibility of atypical enforcement mechanisms. Results indicate that Brazil’s higher courts have admitted the use of these measures, provided the principles of proportionality, reasonableness, adversarial process and due legal process are observed. It is concluded that atypical enforcement measures are valuable tools in contemporary civil execution, consistent with constitutional principles of efficiency, reasonable duration, and effective participation. When applied with care – following procedural requirements, grounded justification and proportional limits – they enable creditors to obtain satisfaction and secure effective judicial remedies.