As astreintes e seus principais aspectos polêmicos

Abstract

The present scientific work is about the legal institute of astreintes , discussing its origins, historical evolution and introduction into the Brazilian legal system. After extensive doctrinal and jurisprudential research, the paper seeks to demonstrate the main controversial aspects of this institute, especially with regard to whom the fine is due, the establishment of a limit to it and the relationship between its value and the principal obligation, its enforceability when it comes to a final dismissal decision and, finally, the possible alterations brought by the Law Project of the New Code of Civil Procedure.