Post by account_disabled on Mar 13, 2024 2:44:14 GMT -6
It turns out that despite searches and efforts in trying to find the defaulter's assets success is not always achieved. And it is from this moment and the aforementioned device that the possibility arises that the so-called atypical means of execution will be used that is measures considered to be indirect and psychological coercion to force the debtor to comply with a certain obligation. Among the measures that the Court has been adopting for this purpose are the seizure of documents such as the the blocking of credit cards and the prohibition of participating in tenders.
This is the case of a financial institution that executes a debt of R million contracted by a cosmetics industry in São Paulo and that despite numerous attempts to find values through typical means CG Leads of execution was unable to achieve success. Thus through process No. -.... which is being processed in the rd Civil Court of São Paulo the plaintiff managed to have the request to block the credit cards of the defendants granted by the magistrate which led to the movement for the effective satisfaction of your credit.
However atypical means have a subsidiary and accessory character in relation to typical means and therefore the court must observe some assumptions to authorize them such as for example signs that the debtor has resources to fulfill the obligation and proof that the typical means of satisfying the credit have been exhausted. It is necessary to understand that atypical means of execution have a characteristic of coercion and not punishment always observing contradiction proportionality and reasonableness. But what are the parameters to know when this type of decision should be taken by a judge? How can you be sure when someone is actually refusing to pay or is simply unable to do so?
The expansion of the magistrate's powers provided for in article IV of the CPC regarding measures to force debtors to pay their debts is the subject of doctrinal and jurisprudential controversies. The Direct Action of Unconstitutionality ADI aimed to declare the unconstitutionality without reducing the text of this article of the CPC with the aim of ruling out the possibility of judicial imposition of these measures on the grounds that they violated the principle of proportionality and that if would give at the sacrifice of fundamental rights. However it was dismissed by the majority of the plenary who understood that coercive measures aim to protect the guarantees of access to justice and the effectiveness of the process without violating the debtor's dignity.
However the judgments of the national courts are still premature in terms of granting coercive measures and a huge effort is needed on the part of specialized offices so that they become common in the future since the imposition of these steps is a great tool for creditors to recover your credit.
It is pertinent to remember that the Brazilian Judiciary still lacks more in-depth complementary legislation for atypical means. That is why at this moment it is so important to discuss it. Talking about debt cannot be taboo. It is healthy to bring the issue to the surface listening to all sides and studying solutions that serve society valuing the fulfillment of contracts and guaranteeing opportunities for people whether individuals or legal entities to regain credit and investment capacity.
Meanwhile companies that are in loss resulting from their customers' default must seek preventive and judicial solutions from specialized offices with experience in the area of credit recovery so that they do not become part of the statistics of being just another process stuck in the judiciary for years.
This is the case of a financial institution that executes a debt of R million contracted by a cosmetics industry in São Paulo and that despite numerous attempts to find values through typical means CG Leads of execution was unable to achieve success. Thus through process No. -.... which is being processed in the rd Civil Court of São Paulo the plaintiff managed to have the request to block the credit cards of the defendants granted by the magistrate which led to the movement for the effective satisfaction of your credit.
However atypical means have a subsidiary and accessory character in relation to typical means and therefore the court must observe some assumptions to authorize them such as for example signs that the debtor has resources to fulfill the obligation and proof that the typical means of satisfying the credit have been exhausted. It is necessary to understand that atypical means of execution have a characteristic of coercion and not punishment always observing contradiction proportionality and reasonableness. But what are the parameters to know when this type of decision should be taken by a judge? How can you be sure when someone is actually refusing to pay or is simply unable to do so?
The expansion of the magistrate's powers provided for in article IV of the CPC regarding measures to force debtors to pay their debts is the subject of doctrinal and jurisprudential controversies. The Direct Action of Unconstitutionality ADI aimed to declare the unconstitutionality without reducing the text of this article of the CPC with the aim of ruling out the possibility of judicial imposition of these measures on the grounds that they violated the principle of proportionality and that if would give at the sacrifice of fundamental rights. However it was dismissed by the majority of the plenary who understood that coercive measures aim to protect the guarantees of access to justice and the effectiveness of the process without violating the debtor's dignity.
However the judgments of the national courts are still premature in terms of granting coercive measures and a huge effort is needed on the part of specialized offices so that they become common in the future since the imposition of these steps is a great tool for creditors to recover your credit.
It is pertinent to remember that the Brazilian Judiciary still lacks more in-depth complementary legislation for atypical means. That is why at this moment it is so important to discuss it. Talking about debt cannot be taboo. It is healthy to bring the issue to the surface listening to all sides and studying solutions that serve society valuing the fulfillment of contracts and guaranteeing opportunities for people whether individuals or legal entities to regain credit and investment capacity.
Meanwhile companies that are in loss resulting from their customers' default must seek preventive and judicial solutions from specialized offices with experience in the area of credit recovery so that they do not become part of the statistics of being just another process stuck in the judiciary for years.