The constitutional limits of the application of coercive methods in the enforcement of money judgements in the new Brazilian Civil Procedure Code

• Grant number: 17/01263-6
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: April 01, 2017
• End date: July 01, 2018
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Camilo Zufelato
• Grantee: Rodolfo Farias Gomes
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil
• Associated scholarship(s): 17/16298-0 - The Canadian Uniform Civil Enforcement of Money Judgments Act: new perspectives to judicial protection effectiveness, BE.EP.IC

Abstract

The present study aims at presenting constitutional limits to the application of coercive measures in the enforcement of money judgments, methods introduced by the 2015 Brazilian Civil Procedure Code. Formely not covered by the civil procedural system, the enforcement of this kind of obligation is now achievable by a whole series of methods available at the judge's discretion, such as the suspention of the debtor's driver's license and/or passport and of the right to establish contracts with the Government. This new enforcement system has the intention to approach the specific performance and the money judgments, therefore giving them an imperative protection from the Court order. Nevertheless, the limits of the application of those methods already seem controversial, since they might confront constitutional rights of the debtor, such as the right to come and go, with patrimonial rights of the creditor. Through the analysis of Court cases applying those methods and the review of the scientific literature, this study aims to establish clear limits to the limitation of the debitor's constitucional rights in the enforcement of money judgements. (AU)