PEREIRA, A. S. B.; PEREIRA, Álisson de Souza Bandeira.
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.
