Revista de Processo, Jurisdição e Efetividade da Justiça (Dec 2016)

Precatory X Effectiveness Of Jurisdictional Tutelage: An Analysis About Of The Posture Of The Public Treasury In The Light Of The Constitutional Procedural Law

  • Mariana Urano de Carvalho Caldas

DOI
https://doi.org/10.26668/IndexLawJournals/2016.v2i2.1609
Journal volume & issue
Vol. 2, no. 2
pp. 244 – 260

Abstract

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This article is about the judicial precatories and its relationship with the principle of effectiveness of the process, investigating the posture adopted by the State in face of monetary obligations. It developed bibliographical and documentary research, analyzing the concepts of Constitutional Procedural Law and access to justice. Subsequently, it was studied the procedural effectiveness, the precatories and the displayed behavior by the Public Administration. It is an exploratory research, concluding by the incompatibility between the procedural constitutional principles and the mode to act of the State, which conferring on executions against the Public Treasury a lengthy and uncertain character.

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