Effectiveness of atypical means in the process of execution of paying right amount in the light of article 139, IV of the CPC

Abstract

The present work is concentrated in the area of ​​civil procedure, specially about execution for a certain amount and this study has as main objective, to question the effectiveness of atypical means in the execution process, which Article 139, IV, of the CPC 2015 is legally safeguarded. This legal provision gives the judge discretionary powers for the realization of the jurisdiction's right, however always seeking to maintain a balance so that the enforcement process does not harm fundamental rights and guarantees that prevent those executed from guaranteeing a dignified existence, making the execution process more fair and effective, where, notably the search for balance and effectiveness of execution will be the object of this study. Regarding the methodology used in the research, the method used was deductive and bibliographic and documentary research techniques, since, it uses doctrines, jurisprudence and scientific articles, in addition to diverse legal instruments, such as 1988 Federal Constitution, the Civil Code, Code of Civil Procedure, with a primarily qualitative bias. At the end, it appears that the atypical measures in the execution process for a certain amount is a necessary legal apparatus to give more effectiveness to the execution process, and as a consequence making the executive phase more just.