precatory x effectiveness of jurisdictional tutelage: an analysis about of the posture of the public treasury in the light of the constitutional procedural law

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
revista de processo, jurisdição e efetividade da justiça 2016 Vol. 2 pp. 244-260
153
caldas2016revistaprecatory

Abstract

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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136431
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10.26668/IndexLawJournals/2016.v2i2.1609
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