By: Vitor Antony Ferrari, Ivan Kubala

A decision by the Court of Justice of São Paulo recently circulated on various communication channels authorizing the “teimosinha”, a tool that allows the instant and continuous search for assets in the accounts of debtors, whether individuals or legal entities, until the credit is fully satisfied.  

The aforementioned position was adopted in Instrument Appeal No. 2202768-46.2021.8.26.0000, by the 32nd Private Law Chamber, which adopted as reasons the principle of effectiveness, according to which the execution must be carried out in the best interest of the creditor, as well as speed and procedural economy, since such a tool eliminates the need for repeated requests for seizure and, consequently, reduces the number of procedural acts with the same objective.  

In fact, the aforementioned “teimosinha” is an advance in technology aimed at researching and seizing assets, and its use has legal support. 

However, it should be emphasized that, despite the functionality and optimization that this tool brought to creditors, it cannot and should not be used in a vulgarized manner, and caution is necessary as debtors also have protection under the legislation, such as the non-seizability of amounts deposited in savings accounts. 

We must not forget, furthermore, the principle of least burden applied in favor of the debtor to avoid unnecessary damage to him, adapting the protection to the fundamental rights guaranteed to him, such as, for example, the right to housing, health and, mainly, to the dignity of the human person. 

Therefore, it should not be forgotten that the “stubborn” measure will help to satisfy credits more effectively and quickly, especially in the face of known habitual debtors. However, the measure requires caution, under penalty of violating rights guaranteed by national legislation, which is why legal professionals must be aware of the particularities of each case, in order to guide their clients, whether they are creditors or debtors.