A efetividade da atividade jurisdicional executiva: um olhar acerca da penhora on line na jurisdição brasileira.

Abstract

One of the legislator's constant search is to improve the way to make the procedural law was imminent reflection of the ideal of the effectiveness of judicial services. It was over this longing, which gave the many reforms that is given in the code, especially in its execution stage, since it is the duty of the state and its organs to guarantee the effectiveness of judicial protection. Many of these reforms in the context of the Code of Civil Procedure, gave rise to the incorporation of some legal institutes the Brazilian legal system as a remedy to the slow pace of justice and the search for effectiveness. Among them, cite the attachment institute online established by Law No. 11 398 2006, in general terms, is the technique that has been adopted to enable the attachment of money, and ensure that the executive process is less time consuming and inefficient. This study aims to analyze the effectiveness of the enforcement proceedings by garnishment online, demonstrating the key reforms in the Civil Procedure Law, which consequently resulted in reform implementation. Work is a literature review of research character, with appreciation of contemporary proceduralist doctrine, as well as the observation of national legislation, to then come one national case law on the subject proposal. With the reach of all the reforms and the latest establishing the new Civil Procedure Code, stands out among the main benefits from the attachment online: advance the modernization of the execution process, with agile, economical and effective mechanism credit for satisfaction; service to the principles of speed and effectiveness, with a view to social peace; and the moralization of the judiciary.