Prática de medidas atípicas na fase processual executiva: análise relacionada à possibilidade das práticas atípicas envolvendo a penhora

Abstract

This paper, developed by intuitive methodology sustained with bibliography research of the subject that compose this article, intends to demonstrate the juridical nature of the pawn, which its limitations stipulated by law regarding the attachment institute. After these considerations, starting from the premise that the pawn is a constrictive act and, equally, a part of procedural execution phase, so may be considered an executive act, demonstrate the principles related to the executive acts, such as, the understanding jurisprudential and doctrinal assigned to the theme. Lastly, trough the subsumption of the stated content it demonstrated to be appropriated the practice of atypical measures in the intent of executive acts, so that, concludes the necessity that the binomial “satisfaction of the pleaded law x lower onerosity of the debtor” to be analyzed along with the principles of utility, causality, proportionality and reasonability.