Medidas executivas atípicas no processo civil: efetividade ou risco à segurança jurídica?: uma análise sobre a criação de um rol exemplificativo no deferimento de medidas atípicas

Abstract

This paper aims to analyze the application of atypical executive measures provided for in Article 139, item IV, of the 2015 Brazilian Code of Civil Procedure, as well as the impacts of this provision on the balance between the effectiveness of judicial relief and legal certainty. The research begins with the historical evolution of Brazilian civil procedure and the growing influence of neoconstitutionalism and neoproceduralism, which grant greater prominence to the Judiciary and expand its role in the enforcement of fundamental rights. However, the expansion of the judge's powers, especially in adopting executive measures not legally specified, raises doctrinal controversies regarding the limits of this authority, as well as its constitutionality. In light of this, the study proposes the creation of an exemplary list of atypical measures as a way to harmonize the pursuit of procedural effectiveness with the predictability and stability of legal relations. For this purpose, the bibliographic method is used, with a critical analysis of specialized doctrine and legislation