The 2015 Code of Civil Procedure, article 139, IV, allowed the Judge to use all inductive, coercive, mandatory or subrogatory measures necessary to ensure compliance with a court order, including in actions that have pecuniary compensation as their object.

As a result of this regulation, several requests have been filed with the Judiciary for the seizure of driver's licenses and/or passports, as a coercive measure for the payment of debts, often by debtors who – systematically – are in such a position, without fulfilling the obligations they have contracted.

Although authorized by the Code of Civil Procedure, the Judges still maintained reservations regarding its application, as they understood that there could be some restriction on fundamental rights of the Federal Constitution, such as freedom or movement.

However, in yesterday's decision, the STF, by majority vote, authorized the seizure of the CNH and passport to comply with a court decision, since the measure must be well-founded, using the principles of proportionality and reasonableness and suitability to the factual case presented.

A good tool for creditors, who often, knowing that debtors are in good condition, do not locate assets that are subject to judicial seizure, given the maneuvers commonly used by those who should, in the end, pay their bills.

Dr. Eliana Figueiredo Camilo

Luchesi Lawyers

With a history spanning over 30 years, we are a reference in providing specialized legal services to clients in the agro-industrial production chain and other sectors of the industry. Our activity has been recognized nationally and internationally and stands out for the innovative way in which we handle consultancy issues, contractual negotiations, as well as litigation and strategic operations in agribusiness.