PRINCÍPIO DA EFETIVIDADE E INCONSTITUCIONALIDADE DE MEDIDAS SATISFATIVAS NO PROCESSO DE EXECUÇÃO

Abstract

The impartiality of the judge in his ex officio performance has enormous influence and impact on the fulfillment of the decisions coming from the magistrate. For this reason, guaranteeing the effectiveness of decisions issued within the principles legally established includes, directly, the determination of inductive, coercive, mandatory or subrogatory measures necessary in the respective process with the main purpose of ensuring compliance with the court order. Among the countless jurisdictional duties proposed by the Civil Procedure Code, there is a considerable increase in the executive powers of the judge and the questioning about the influence of these duties in the final decision-making. In this way, the present article was promoted from the study on the positioning of the superior courts regarding the aforementioned mandatory orders, considering the current contemporary constitutionalism and the guarantee of the dignity of the human person in order to protect the individual against the arbitrariness of the State, which can no longer be admitted, under penalty of causing social backlash.