A suspensão da execução de pagar quantia segundo o Art. 921, III, CPC e a fluência do prazo prescricional: uma análise dos prejuízos à efetividade da execução e possibilidade da aplicação de medidas coercitivas atípicas

Abstract

The paper dealt with the suspension of the execution process according to the hypothesis of art. 921, III, CPC and the expiration of the statute of limitations, counting from the first unsuccessful attempt to locate the defendant or seizable assets, with the perspective of analysis focused on the execution of paying the amount. The research's central objective was to analyze the effectiveness of executive guardianship in contrast to the legal provision, evaluating possible harm to the enforcement of the creditor's rights. As a secondary objective, the possibility of applying atypical coercive measures as an alternative to more effective protection was assessed. The research methods used were essentially bibliographic, as well as the analysis of the Civil Procedure Code and related jurisprudence. It was concluded that there was harm in the pursuit of the effectiveness of executive protection and the disharmony with the application of atypical coercive measures, even if in a subsidiary manner.