A (in) efetividade do processo de execução contra a fazenda pública.

Abstract

The constitutional warranty of access to the justice presupposes the existence of an effective process sponsoring to who he/she is right all that that would have received the opponent it had executed its obligation spontaneously. There is a crisis now in the execution of the emanated decisions of the Judiciary Power that don't get to guarantee the effective and practical materialization of the it tutors jurisdicional, and the execution process against the public farm comes being considered in that context that more it perishes of effectiveness. The public farm with its prerogatives, with its resources protelatorios, allies to the public managers' irresponsibility make unfeasible an installment satisfactory jurisdicional. The accrediting fazendario is victim of the irresponsibility of the State being years in the wait line, and many die before they receive the such dreamed precatorio. The measures coercive disponibilizadas for the legislator to sponsor the execution of those payment orders don't get to compel the administrator to satisfy the credits in periods more exiguos. That picture of desmoralizacao of the judiciary took some juridical institutions, as the Association of the Magistrates of Brazil, Order of the Lawyers from Brazil and Brazilian Institute of Processual Right they denounce it the chaotic situation and proporem alterations in the legislation, that you/they resulted in the elaboration of projects of laws in it processes in the National Congress. It is undeniable the safety provided by the existence of differentiated mechanism of payment of the judicial condemnations against public entities, that owes primordialmente to obey to the beginnings of the publicity, impessoalidade and of the morality, being in that indispensable meaning to the maintenance of the institute of the precatorios, but that is to demand punctual alterations capable of they propitiate effectiveness to the installment of the it tutors jurisdicional in the executions against the public farm.