A execução de valores pecuniários devidos pela Fazenda Pública a servidor público em razão de sentença concessiva da segurança

Abstract

The discussion brought by this present work can be placed in the fields of Civil Procedural Law, Constitucional Procedural Law, and Constitucional Right. I was performed a study about the writ of mandamus, in attempt to establish and highlight its relevance as a constitucional based writ. The form of the execution of the sentence that concedes the writ and condemns the exchequer to the payment of monetary amounts for the public servant, is the central point of the discussion. It is supported that the celerity required by its special procedure must prevail also at the execution moment, with the immediate fulfillment of the writ decision given. Focusing on its definition and objective, and through legislation, precedent and theory analysis tries to show that execution of the writ of mandamus decision, considering even the amount generated from the writ is filed to its final decision, regardless of the rite prescribed by the articles 730 and 731 of Civil Procedural Law, which rule the execution of determined amount against the exchequer. Also, that such proposition does not hurt what is dictated by the article 100 from the Federal Contitucion, rule that establishes the dispatch of "precatório" for the exchequer payment originated from definitive judge decision, for it is, in consonance with systematic and principle-based interpretation of the Federal Constitucion.