THE EFFECTIVENESS OF EXECUTIVE GUARDIANSHIP AGAINST THE FLEXIBILIZATION OF PERIODIC REMUNERATION UNLEASHABILITY IN CPC/15

Abstract

The present research has social relevance, since it turns to the study of the execution process for a certain amount, given the lack of credit solvency by the debtor and some situations leaving the creditor unable to demand the performance, since, the goods and amounts that the debtor has, the Civil Procedural Law rates them as not subject to attachment, leaving the creditor at the mercy. The research problem is: how to ensure to the creditor the effectiveness of the executive protection to satisfy the debt, without prejudice to the debtor's subsistence in the face of the principle of human dignity and in the face of the flexibilization of the institute of unseizability of periodic remuneration in the CPC/ 15? Therefore, this research proposed to make a fundamental analysis of the execution process for a certain amount in compliance with the current national legislation and its effects on the effectiveness of executive judicial protection. The objective was, in this way, to do a work with the aim of analyzing the effectiveness of the executive protection to the creditor to satisfy the debt, without prejudice to the subsistence of the Executed in the face of the principle of the dignity of the human person and before the flexibilization of the institute of unseizability of periodic remuneration in CPC/15.