Medidas executivas atípicas no processo do trabalho: a interpretação do art. 139, inciso IV, do CPC, à luz da jurisprudência do TST e do STJ e sob a ótica do princípio da efetividade da execução
Year: 2023
Type: article
Abstract: This article deals with the existing controversies, within the scope of the procedural execution of the work, around the interpretation and application of art. 139, item IV, of CPC/2015, which provides for atypical executive measures. The study analyzes the procedural techniques of the CPC to give greater effectiveness to the executive guardianship, in view of the enormous difficulties of satisfying the credit in the execution phase, one of the great obstacles to labor justice. The effectiveness of the execution brought advances, as long as it is used by the judge with caution, respecting the fundamental rights of the debtor. The use of atypical executive measures remains perfectly applicable to the work process, by subsidiary application, since it is compatible with its principles and ideology.
Author: Fábio Porto Esteves
Institution: UNIFAVIP
Language: Portuguese
Topic: Brazilian Legal Issues
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4385397461