Coparticipation as Assumption of Effectiveness of Structural Injunctions Preliminarily Granted

Abstract

Unenforceable judgments are ineffective. However during the daytime, law operators are challenged to find ways to comply with court orders. In the case of the implementation of structural measures, this challenge is gigantic. The Democratic Constitutional process requires active participation of all those involved in the construction of the provision, because the effectiveness of the court decision, especially one that implements structural measures, is closely linked to reimbursement of all procedural subjects. It is argued, therefore, that the structural measure preliminary approval should be preceded by hearing the opposing party, to allow the delivery of effective decisions.

Keywords

• Novo código de processo civil
• Medidas estruturantes
• Liminar
• Comparticipação
• Efetividade