Camila Asha Champam de Lacerda
Lawyer at Marcos Martins Advogados
In a recent decision, the 18th Chamber of Private Law of the São Paulo State Court of Justice granted suspensive effect to an interlocutory appeal filed by a company undergoing judicial reorganization (case no. 2176076-10.2021.8.26.0000), suspending the effects of the decision that ordered the blocking of financial assets in the “stubborn” mode.
The “stubbornness” consists of repeated orders to block the accounts of the executed party for a period of 30 days. “Stubborn” is a new feature of the SISBAJUD platform, which, since August 2020, has replaced the BACENJUD system used by the Judiciary to block debtors’ financial assets online.
In the appeal filed, the debtor company argued that the measure is incompatible with the judicial reorganization procedure, which is intended to enable the company to recover, and consequently affronts the principle of company preservation, set out in article 47 of Law 11.101/05.
A request was made to grant suspensive effect to the appeal on the grounds that upholding the decision would put the company’s operation at risk, since the successive and daily orders to block bank accounts prevent it from making financial transactions to pay employees, suppliers and the entire production chain involved in operating the business.
The rapporteur of the appeal, Judge Roque Antonio Mesquita de Oliveira, granted the company’s request, suspending the effects of the lower court’s decision, to stop the blocking through the “stubborn” tool, as well as to halt any further attempts at constriction, until the final judgment of the appeal.
Marcos Martins Advogados is attentive to new developments in case law, in order to provide adequate and effective advice to our clients.
