Astractive and its Effectiveness
The Superior Court of Justice's Jurisprudential View and the Principle of Proportionality
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This work aims to demonstrate and analyze the institute of Astreintes or comminution fines. For this purpose, the Principle of Proportionality will initially be analyzed, since it is of fundamental importance for the solution of principles in apparent conflict. Then, an analysis will be made of the emergence of the Astreintes and its intrinsic purpose and how this important institute of jurisprudential origin can solve some important problems of the Civil Process. As it is an institute created by jurisprudence and largely regulated by it, it is extremely necessary to analyze the vision of the ...
This work aims to demonstrate and analyze the institute of Astreintes or comminution fines. For this purpose, the Principle of Proportionality will initially be analyzed, since it is of fundamental importance for the solution of principles in apparent conflict. Then, an analysis will be made of the emergence of the Astreintes and its intrinsic purpose and how this important institute of jurisprudential origin can solve some important problems of the Civil Process. As it is an institute created by jurisprudence and largely regulated by it, it is extremely necessary to analyze the vision of the national courts, among which the Superior Court of Justice, guardian of Federal legislation, is highlighted. This analysis makes clear the importance of the comminatory fine as an instrument and judicial tool for the strengthening and compliance with the decisions rendered by the Judiciary. This analysis becomes more relevant when analyzed in the current country context, where the Civil Process goes through a great crisis of legitimacy, where its effectiveness is questioned thanks to the great judicial slowness.This work aims to demonstrate and
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