A mitigação do princípio da responsabilidade patrimonial frente às medidas restritivas de crédito e a atipicidade dos meios executivos

Abstract

The patrimonial responsability principle is considered a humanizing advance in civil execution, since comes from the idea that only the debtor’s patrimony will subject to the forced execution. Although it’s very settled, it’s necessary to analize if the referred principle keeps standing before the growing relevance of the means of coercion. Therefore, this study has as an objective to investigate if the patrimonial responsability principle has suffered any concession before the means of coercion, especially those that hamper the credit access and restrict some debtor’s fundamental freedom, based on the art. 139, IV, of the Civil Procedure Code. Keeping in mind that the discussion about this subject happens basicaly in the doctrinal field, it was utilized as a methodological strategy the rhetorical research. At the end of this work, it’s concluded for the patrimoniality principle’s mitigation, since the studied measures don’t affect the patrimony, but the executed’s existential rights.