Ilegalidade da prisão civil do depositário infiel: redução da garantia legal.

Abstract

The Supreme Federal Court (STF) has as major function the guard of the Federal Constitution and, in the regular exercise of this function, it has declared the irregularity of the civil prison of the depositary infidel. However, the prohibition of this prison, in spite of not being regulated in obligatory docket yet, because it has been pronounced by the Supreme National Court, it generates a waterfall effect in the other Courts and home judges, bringing several nefarious consequences to the civil process and to the Brazilian laborite process, significantly, concerning the legal guarantees, because civil prison is characterized as the most efficient coercive form of payment that exist in the processual justice. So this monograph completion of the course is to analyze the legality of the civil prison of an unfaithful trustee arising from contracts of deposit and check the harmful aspects of this prohibition for the processual justice. Leaving from this perspective, use, development of scientific research, investigative techniques of bibliographical setting up, national and international legislations, as well as jurisprudential decisions with the scope of showing that this positioning of the prohibition is not unanimous. It shows, initially, a merely conceptual approach of the essential terms to the comprehension of this work, as civil prison and depositary infidel. In the second part, the text is dedicates to exposing doctrinal arguments about the theme, also showing the positioning of the STF, such a decision which is found in the genesis of all this new discussion. In the third and last part show will effectively the malefactions brought by the decreeing of illegality of civil prison of the depositary infidel to the processual Brazilian rights above mentioned, also presenting decisions of several Brazilian courts with thought identical to this work.