The Superior Court of Justice (STJ), in a recent decision, understood that it is sufficient to prove the right to recover credit in a monitoring action, the attachment of a simple copy of the executive title that supports the action.

This possibility may occur if, after the Judge's assessment, (i) the executive title is in fact in the possession of the person who filed the action and (ii) there is no doubt about the existence of the right asserted by the Plaintiff (receipt of his credit) and, consequently, the obligation of the debtor to actually comply with the payment he committed to.

In other words, the Court understood that it is not the copy or the original of the document that gives legitimacy to the creditor's right to receive his credit, but the effective demonstration of the existence of the obligation assumed by the debtor towards the creditor. The important thing is that the evidence is capable of substantiating the right to the credit and, if this happens, the copy or the original are documents with the same probative value in court.

Ans: 2,027,862/DF

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