Atipicidade dos meios executivos e execução por quantia certa: uma análise sob o prisma do devido processo legal

Abstract

The purpose of this work is the study of the atypicality of executive means in the execution for a certain amount, within the scope of due process of law, based on the Theory of Legal Fact of Pontes de Miranda. Starting from the analysis of some of the principal works of Pontes de Miranda, searching the bases that supported the formulations present in the Private Law Tractate, especially the first six volumes, especially those dealing with Theory of Legal Fact. It starts from there to the debate about the contemporary concept of legal norm, seeking to identify its species and its structure. Very important institutes to the chosen of the theoretical guide are analyzed, in order to build the premise from which the other themes will be analyzed. Execution is dealt with through some of the ways in which doctrine sees it, in order to seek a more adequate concept, which can serve as a parameter for the analysis of atypical measures in the execution by certain amount and its limits, which is performed in order to structure the hypothetical factual support of the legal norm that allows its use, whose normative text is in article 139, IV, CPC.