Da possibilidade do uso da prisão civil como instrumento de coerção para a efetivação da tutela antecipada

Abstract

This monographic study aims to describe the main doctrinaire and jurisprudential arguments on the subject of civil imprisonment for failure to comply with a court order that anticipates the effects of legal protection, evaluating if the crisis of civil procedure and the new constitutional paradigm of effective, quick and well-timed access to jurisdictional tutelage are able to justify the introduction into our legal system of this coercive measure. The subject is very controversial and will be considered on the perspective of the need for enhance effectiveness in the legal protection and, mainly, reflecting about the compatibility between the institute of civil imprisonment and the constitutional principles