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Brazilian New Code of Civil Procedure - New tools put at Court’s disposal to compel defendants to comply with their obligation to solve pecuniary debts

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06/12/2016 10:23 Artículo

​A Judge of one of São Paulo’s Trial Courts was the first to issue an order putting into practice a new rule brought by the recently enacted Brazilian Code of Civil Procedure. Taking into account the new provision set forth on Section 139, IV, of such Code, the Judge determined, after fruitless attempts to arrest the defendant’s assets, (i) the seizure of the debtor’s passport; (ii) the suspension of his driver’s license and (iii) the cancellation of his credit cards. The decision was issued on the records of an enforcement proceeding and gave rise to a heated discussion as how far a Judge could go to compel the debtor to solve a pecuniary debt (case records # 4001386- 13.2013.8.26.0011). 


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