As astreintes como instrumento eficaz na seara processualista.

Abstract

The present monograph, intitled "The astreintes as efficient instrument in seara procedure", approaches situations of inquiry concerning the attributions, principles, practical theory and of the related procedural act without bankruptcy for the debtor and fulfilment of the obligation to give or to make. The main academic objective is to study the legal and common mechanisms that effectively come being fulfilled in the daily functionary of the fines judicial, ahead of the demandable current situations to the light of the usual civil action and that they still more delay the course of the process, for, thus, to allow to the understanding of the multiple involved legal aspects in the interface of submission to the principles for the peculiar dynamics of the daily exercise of the inherent tasks the magistrate in the diverse executions, selected methodology is the theoretical revision, with the consultation to main landmarks related to the monographic subject, having been chosen the qualitative source and the deductive method, to make possible, thus, the study and the understanding of the intricate net of motivations that leads, of a side, to the retinencia of the incompreendacion of multiple aspects of the attributions of the Code of Civil action, of the Code of Defense of the Consumer and the Federal Constitution, and of another one, it searchs of the agreement concerning the legal evolution of the principles, practical theoreticians and of the procedural acts that directly they possess its correlated effectiveness the full one functional exercise for the search to the concretion of the legal act and end. The desired results evidence that the practical one and what ideal procedure always can be considered as nor if they juxtapose, being distinguished thus the increasing importance of this fine, with sights to the effective development of its responsibilities, in the fulfilment of the interlocutory orders, requiring ample qualification for the maintenance of the good prestige of Brazilian Justice.