Fazenda pública e execução judicial: impasses entre efetividade e limitações do juízo ante as demandas de intervenções cirúrgicas de natureza urgente

Abstract

The objective of this monographic work is to analyze the restrictions and possibilities available to the Judiciary in the face of the phenomenon of judicialization of urgent surgical procedures in the face of the Public Administration, reflecting on the circumstances and technical parameters that must be observed in each of these cases. Furthermore, the research aims to identify the reasons that cause the voluntary non-compliance with the respective judicial protection to those made by the Public Treasury, as well as the tools and criteria available to the Magistrates to achieve effective judicial execution, in the light of article 139, IV, of the Civil Procedure Code of 2015, explaining the applicable coercive, inductive, mandatory and subrogatory measures. Finally, the alternatives are portrayed to check the effective satisfaction of the demands in question in the face of public entities, in order to resolve all the problems that involve the judicialization of these claims. It uses the technique of bibliographic and documentary research, based on laws, doctrines, legal publications, scientific articles, and judicial precedents.