Astreintes no processo civil: necessidade da intimação como condição de exequibilidade

Abstract

This article proposes to analyze the institute of astreintes, also called a coercive fine, and its implementation in the New Code of Civil Procedure. They were examined briefly: their historical evolution, their concept, the setting of their value by the judge, the beneficiary of the fine, the determination of their value by the judge, their periodicity and their execution, in addition to the need or not for personal subpoena of the party as a condition for its application. Based on the analyses, the study states that astreintes are judicial coercitive measures that force the executed to comply with a judicial decision, and setting their value is not an easy task for the judge, which must use the principles of reasonableness and proportionality, being the creditor of the value of the penalty the injured party and the judge being able to change the value of the both the fines imposed, as for past due, because the value of the fine is not immunized by the thing judged material, later, we find that, even with the entry into force of New Code of Civil Procedure, part of our jurisprudence remains reluctant to retire the summary 410 of the Superior Court of Justice (STJ), this way, in the name of legal certainty, we emphasize the need of the STJ to define whether it will continue adopting the understanding of the summary 410 or whether it will surpass it definitively.