The Effectiveness of Judicial Relief and the Atypical Enforcement Measures in the 2015 Code of Civil Procedure

Abstract

This article discusses the effectiveness of judicial relief within the context of the Democratic Rule of Law, analyzing the challenges and solutions introduced by the 2015 Code of Civil Procedure (CPC/2015) in the field of civil enforcement. It highlights the overcoming of the purely formalist model, guided by strict legality, and the rise of a judicial approach focused on the concrete realization of recognized rights, in accordance with the principles of reasonable duration of proceedings and effectiveness (Article 4 of the CPC). The study addresses the historical evolution of civil enforcement in Brazil, the constitutional foundations of executive protection, and the expansion of judicial powers for the adoption of atypical coercive and subrogatory measures (Article 139, IV), with emphasis on landmark decisions from higher courts. The research, qualitative and descriptive-analytical in nature, is based on bibliographical review and jurisprudential analysis, seeking to understand to what extent procedural flexibility ensures faster and more effective judicial protection without compromising due process guarantees. It concludes that the adoption of atypical enforcement measures reveals a paradigmatic shift: the process is now understood as an instrument for the concrete realization of rights, which must balance effectiveness and legal certainty.

Keywords: effectiveness; atypical enforcement measures; civil procedure; CPC/2015; judicial protection.