As consequências processuais da ilicitude da prisão civil do depositário infiel na seara da execução civil comum.

Abstract

The present study is meant to examine the consequences arising from the procedural unfairness of the civil prison of an unfaithful trustee. Initially discusses the concepts and classifications imposed by the doctrine of the deposit to the Office, characterizing it in all its forms. It also carries out a survey of the judicial role of the depository in the implementation process, emphasizing the inherent public function to it. In due course, dealt with the infidelity of the depositary and the impossibility of his arrest, due to the pacification of the matter by the Supreme Court over the issue of Binding Precedent No. 25. It also examines the constitutional mechanisms that influence the decision of the Supreme Court in the adjudication of the illegality of the civil prison of an unfaithful trustee, namely: the International Covenant on Civil and Political Rights and the American Convention on Human Rights (Pact of San Jose, Costa Rica) and valuation of these devices in Domestic Law. This was also broadly discussing the procedural disorders arising from the decision of the STF and viable solutions found in civil processualfstica to avoid damage to claim executive. The method of approach used in the research was deductive, methods of procedure were the descriptive and analytical. The research technique that best suited the needs of the study corresponded to the use of indirect documentation. Finally, it should be noted that although the issue has sparked discussions within the praxis of the implementation process, it is understood not possible any more questions about the possibility of arrest of the depositary and any attempt to review the matter in a setback feature As regards the preservation of human rights, leading to legal uncertainty for the trials. It remains to consider new entrants rights of alternative forms of restraint of the infidelity of the depositary.