A prisão civil como medida coercitiva atípica nas obrigações não pecuniárias.

Abstract

The civil executions suffer a lot of criticism due to their low effectiveness and efficiency in fulfilling obligations, requiring more adequate measures to fulfill their function of providing the proper judicial exercise. In this way, the present article intends to demonstrate that the atypical measures, even if they are not exactly a novelty, can be an important instrument for the satisfaction of obligations, acting as a coercion in the face of the executed omission. The standard listed by the courts and the doctrine for the application of these measures will be demonstrated, as well as the possibility of the exceptional decree of civil imprisonment as an atypical measure in non-pecuniary obligations. Finally, there will be an analysis of a specific case on the subject, in order to verify whether the use of the atypical measure employed was adequate.