As astreintes, sob ótica da jurisprudência e legislação processual civil brasileira vigente

Abstract

This aims to study the legal institute of astreintes to address the original aspects of the Brazilian legal system, drawing on its historical context, analyzing it’s legal nature and requirements, dealing with its real purpose under a jurisdictional perspective. With the research, we seek to better analyze the institute within the subspecies of the obligations to do, punctuating the possibility of its revision, by letter or at the request of the parties, under the terms of the Code of Civil Procedure. In its context, it presents certain right criticisms of the need to meet limiting, proportional and reasonable criteria, in order to avoid the application of the institute to specific cases, in a distorted way, that is, as if compensatory measure were. Last but not least, the final beneficiary of the comminatory fine resulting from the incidence of the astreintes is analyzed, verifying its termination to what and ad who, besides verifying, in jurisprudence, important criteria that must be observed in compliance with judgment or enforceable procedure, to ensure the prohibition of unjust enrichment or computation of undue amounts to the quantum arising from the recognition of the incidence of the fine