LIMA, J. S. F.; http://lattes.cnpq.br/3489435216883965; LIMA, Jamilla Samara Farias de.
Resumen:
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.