IMMEDIATE EXECUTION OF FINE APPLIED IN INJUNCTION ON CIVIL PUBLIC ACTION: CRITICAL ANALYSIS OF ART. 12, § 2, OF BRAZILIAN LAW 7.347/1985

Abstract

The authors criticize the legal article that requires the advent of “res judicata” to the execution of the fine applied at the beginning of a public civil action (Law 7.347/1985, art. 12, § 2), making constitutional exegetical proposal for this article with objective of providing its compatibility with the principle of effectiveness of judicial protection and their equivalence to with the procedural rules concerning the implementation of preliminary injunctions provisionses in the sphere of individual cases, concluding that the normative statement actualy only prohibits full execution, but not the execution itself.

Keywords

• public civil action
• injunction
• fine
• execution