Camila Vieira Guimarães
Lawyer at Marcos Martins Advogados
The criteria for the applicability of garnishment on company revenues, under the argument of seeking to make executions more effective, is a tormenting issue that provokes an avalanche of appeals and discussions, and is yet another topic that contributes to legal uncertainty for both debtors and creditors.
Due to the large volume of lawsuits questioning: (i) the need to exhaust all attempts to enforce the debt in order to seize the company’s revenues; (ii) the equal treatment between the institute of the seizure of revenues and the preferential seizure of money in tax enforcement actions for the Public Treasury’s active debt; and (iii) whether the seizure of revenues is a violation of the principle of less onerousness, because the procedural system emphasizes that enforcement must reconcile the satisfaction of the credit with measures that are less burdensome to the debtor. The STJ affected this issue, registered under No. 769, and all cases involving these matters will be suspended until the Supreme Court rules.
This will establish the thesis that will guide and bind the lower courts in resolving all appeals involving such matters. Given the relevance of the issue and its impact on the business community, it is worth following the outcome of the judgment.
Always seeking the best legal solutions for its clients, the Marcos Martins Law Firm effectively follows the doctrinal and jurisprudential discussions.
