Enforcement of Astreintes Fixed in Anticipation of Injunction: A study on the existing doctrinal and jurisprudential divergence on the subject in the Brazilian legal scenario
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Some scholars and judges deny this possibility, stating that the fine should only be enforced provisionally, so that if it is established that the plaintiff is not entitled to the claim, any credit arising from the fine will be void. On the other hand, there are those who argue that the pecuniary penalty should be definitively enforced as soon as it is established that the obligation has not been complied with, and is not conditional on the claim being upheld.
This is because they believe that the fine is procedural in nature and not linked to the substantive right at issue. .
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