Execução de alimentos e a aplicabilidade da suspensão da CNH como medida executiva atípica

Abstract

Much has been discussed about how the legal norm and society exert gravitational influences on each other. The approval of a new civil procedure code comes to correct flaws and bring innovations and, on the other hand, brings new doubts about how these innovations should be understood and applied. CPC / 15, law 13.105 / 2015 brought changes according to the needs observed in the national courts. This research looked at the actions of executions, more specifically those of food and as art. 139, item IV, of the new code brought alternatives to the conduct of certain executed persons who acted in bad faith to escape the performance of their obligations. This work aims to demonstrate the methods of execution of the food provision, emphasizing the suspension of the CNH. The methodology used is based on bibliographic research in order to choose a theoretical framework that would provide a solid basis on the subject. The study will concisely expose the analysis of civil execution and typical and atypical executive measures, as well as verify the general clause of article 139, IV and verify judicial decisions related to the theme. This work is divided into chapters, in which in the first one we will try to study the apprehension of the CNH as an atypical measure of guaranteeing civil execution, initially, an analysis is made of what the Brazilian civil procedural legislation and doctrine understand in relation to the execution. In the second chapter, article 139, CPC / 2015 of the civil procedure to the obligation to pay an amount will be addressed. It will also be demonstrated that there is a chance to suspend the passport, CNH (National Driver's License), and the cancellation of credit cards without occurring to the violation of constitutional rights. Finally, the methods for implementing the food allowance will be addressed, with emphasis on the suspension of the CNH, in order to verify the effectiveness of the probable alternatives for fulfilling the obligation. Thus, it is concluded from the present study that the apprehension of the CNH brought measures compatible with the principles of execution and with fundamental rights listed in the federal constitution, according to the doctrine and jurisprudence. Now, more than ever, the parties and the judge are responsible for a successful execution.