Formas de obtenção do cumprimento das decisões que determinam um fazer ou não fazer: estudo do sistema norte-americano e sua adoção pelo sistema brasileiro

Abstract

The study of the means to ensure enforcement of orders to perform or to abstain has gained especial relevance with the current understanding of the scope of the fundamental right of Access to Justice. Such right encompasses not only the possibility that any one may go to court when any personal right is threatened or violated, but also the duty of the Government to ensure, through proper legal functions, that such right is effectively protected. In that context, it is appropriate to study the means U.S. judges use to enforce legal orders to perform or to abstain, since the most diverse enforcement solutions have been used for considerable time. This study is presented in order to propose the possibility of Brazilian judges adopting enforcement solutions used in U.S. courts to maximize proper protection of obligations and injunctions, as long as they are effective to meet the substantive right under analysis and do not violate Constitutional rights granted to Brazilian citizens.