03/10/2023
By – Debora Carvalho dos Santos
Through a decision issued in February 2023, the Federal Supreme Court (STF) declared the constitutionality of the so-called “atypical measures” provided for in article 139, IV, of the Code of Civil Procedure.
This article states that “The judge will direct the process in accordance with the provisions of this Code, being responsible for: IV – determine all inductive, coercive, mandatory or subrogatory measures necessary to ensure compliance with a court order, including actions for monetary compensation.
Thus, it is constitutional to apply the coercive measures deemed necessary to ensure compliance with the court order, such as seizure of passports and driver’s licenses, suspension of the right to drive, and a ban on participating in public competitions and tenders.
According to the understanding of the ministers, the atypical measures help solve problems in the Brazilian judicial system, such as enforcement action. This is because, according to the National Council of Justice’s “Justice in Numbers” report, more than 50% of the cases pending in the courts are in this phase.
In this context, atypical measures cannot harm fundamental rights such as the dignity of the human person and must be applied in accordance with the principles of proportionality and reasonableness.
As can be seen, the STF has validated the atypical measures provided for in the Code of Civil Procedure. However, the application is an exceptional measure, case by case, and with the purpose of inducing compliance with the obligation, not having, therefore, a punitive character.
