Astreintes: atuação executiva mediante o constrangimento da vontade do devedor

Abstract

This work is based on the theme of the effectiveness of the jurisdictional tutelage, theme actually present among the discussions of judges, scholars and legislators to guarantee the right to the reasonable length of the process. The general objective of the research consists in analyzing the moment in which the astreintes could be required in cases regarding the disobeying of a judicial decision and its relation with the constitutional guarantee to a fast process in a way that the processual effectiveness shall not be damaged. For specific objectives, it was tried to elucidate the Conception of the processual effectiveness, the Reasonable Length of the Process as a Fundamental Right, the possible executive actions through the coercion of the debtor's volition and, finally, the fundamental aspects of the astreintes. The examination of the specific objectives will culminate in the maximum convergence with the analysis of the general objectives, being possible to distinguish the best moment to demand astreintes to guarantee the processual effectiveness. This work concludes that, in an abundant part of the cases, by the interference of the enrolled literature about the subject and by the observed jurisprudence, it is not necessary to wait for the moment where the process is no more susceptible to receive any kind of applies to demand the astreintes, because its processual nature is disentailed of the main obligation. Therefore, the legal power of the judge's decision is assured, providing legitimation to the judiciary power, in this case representing the State.