Execução pelo equivalente pecuniário: natureza e regime jurídico

Abstract

The present dissertation seeks to determine the role fulfilled by the figure referred to as “pecuniary equivalent of the obligation” within the system of creditor protection in face of absolute default. Initially, it seeks to identify the relation established between contractual civil liability and the pecuniary equivalent of the obligation, both from a historical perspective and in contemporary legal discourse. Given the impossibility of identifying in the Civil Code a definitive legislative position regarding the pecuniary equivalent of the obligation, the matter is examined from an eminently theoretical perspective. Once the impracticability of reconducting the pecuniary equivalent to the framework of contractual liability has been established, due to the strictly indemnifying function performed by civil liability, we then go on to defend that performance by pecuniary equivalent be recognized as an autonomous remedy for absolute default in the Brazilian legal system, detailing its structure, function, legislative basis, factual support and the double dimension (quantitative and qualitative) of the equivalence between the original obligation and the pecuniary substitute. Finally, the dissertation closes with a study of some of the most relevant aspects of the legal regime of performance by pecuniary equivalent.