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The Canadian Uniform Civil Enforcement of Money Judgments Act: new perspectives to judicial protection effectiveness

Grant number: 17/16298-0
Support type:Scholarships abroad - Research Internship - Scientific Initiation
Effective date (Start): December 01, 2017
Effective date (End): February 28, 2018
Field of knowledge:Applied Social Sciences - Law
Principal Investigator:Camilo Zufelato
Grantee:Rodolfo Farias Gomes
Supervisor abroad: Tamara Buckwold
Home Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil
Local de pesquisa : University of Alberta, Canada  
Associated to the scholarship:17/01263-6 - The constitutional limits of the application of coercive methods in the enforcement of money judgements in the new Brazilian Civil Procedure Code, BP.IC

Abstract

A fair and effective judicial system relies not only on providing a righteous decision, but also on offering adequate and compelling methods in its enforcement. However, historically, the enforcement of money judgments was largely neglected by law systems throughout the world. Since the 2005 Uniform Law Conference of Canada and its proposed Uniform Civil Enforcement of Money Judgments Act, provinces in the country started formulating reforms on their procedures about the fulfilment of money judgments, leaving an overly complex, outdated and expensive practice in the search of a more effective one. This almost-unique international effort on the construction of a specific discipline to money judgments finds similarity to the 2015 Brazilian Civil Procedure Code preoccupation, which introduced the possibility to the judge apply, in certain cases, passive remedies in the enforcement of decisions, including those concerning money judgments. Even though Canada engaged efforts on providing more strength to its enforcement rules, the possibility of applying passive remedies in such a broad way was refused, leaving those to extreme cases only, such as family support issues - which might be an indicative of the needless of passive remedies on the search of judicial effectiveness. This research aims to present a general panorama on judicial protection and effectiveness, focusing on the analysis of the enforcement methods developed in Canada, in the hopes to provide a new perspective to the interpretation of the recently introduced procedures to enforce money judgments in Brazilian Law. This project has been revised in order to adequate to the orientations provided by FAPESP advisory. In this sense, with the new amplified bibliography, it was clarified the fact that the material to be analyzed isn't fully available in Brazil. It was also highlighted the importance of the insertion of the proponent in the Canadian law reality with the indispensable help of the foreign supervisor in order to comply with the research objectives. (AU)