A criminalização da fraude à execução: a insuficiência e a desnecessidade da responsabilidade penal

Abstract

This study aims to analyze fraud in execution, comparing the treatment that the Penal Code and the Code of Civil Procedure provide for the institute, specifically whether the former is necessary and adequate to curb an unlawful patrimonial practice that occurs in the field of civil execution, without having capable adjudication and coercion tools. The methodology applied is the bibliographic review, combined with the analysis of judgments of higher courts and the reading of legal provisions, in addition to critical-dialectics, since the work aims to suggest changes in the national legislation so that fraud in execution is combated by the correct and necessary means. A proposal is presented for the abolition of the criminal type, in view of the sufficiency of the civil process, in addition to the better protection it provides to the assets and the dignity of justice, since it has diverse executive means, and the judge can perform acts that affect both the defrauded object and the developer psychologically, with the application of various procedural fines. Therefore, the monograph concludes that the criminal field is not the most appropriate means, and is hardly necessary, to discourage the defendant from carrying out acts that hinder the execution, with the national procedural law having all the instruments capable of giving the person under jurisdiction the best protection for their legal asset.