As medidas executivas atípicas no processo de execução civil: critérios de aplicação e os impactos da apreensão da CNH no direito ao trabalho do executado

Abstract

This Term Paper (TCC) aims to analyze the constitutionality and the criteria for the application of atypical enforcement measures, provided for in Article 139, item IV, of the Brazilian Civil Procedure Code (CPC) of 2015, focusing on the controversy generated by the apprehension of the National Driver's License (CNH) and its impact on the executed party's fundamental right to work. The research examines the role of these measures as instruments for the effectiveness of execution and the limits imposed by the Federal Constitution, especially the principle of human dignity. Using a qualitative and interpretive methodology, the study is based on the analysis of current legislation, specialized doctrine, the judgment of the Direct Action of Unconstitutionality (ADI) 5.941 by the Federal Supreme Court (STF), and relevant jurisprudence, including cases from the Minas Gerais Court of Justice (TJMG). The results demonstrate that, although the STF recognized the constitutionality of the provision, it conditioned its application to the strict observance of the principles of proportionality, reasonableness, necessity, and adequacy. It is concluded that the use of CNH apprehension, due to its coercive and rights-restricting nature, must be subsidiary and exceptional. When the measure affects the debtor's right to work, compromising their subsistence, it becomes disproportionate and unconstitutional in concreto, requiring rigorous justification from the magistrate that balances the pursuit of credit satisfaction with human dignity and the principle of least onerousness.