By: Vitor Antony Ferrari

In times of pandemic and in view of the economic volatility experienced in the last two years, it is not uncommon to come across acquaintances, clients and friends who have been suffering due to the crisis, unemployment and possible default in fulfilling various obligations.

As a consequence, this default may end up giving rise to lawsuits filed by the injured parties who end up continuing to collect/enforce the debt judicially, resulting in the seizure of financial assets (money) and the attachment of assets.

But what should people who have their assets frozen or seized do?

First of all, the person should seek a lawyer. These issues should be addressed by a professional capable of assessing the situation as a whole, in order to enable the best resolution for the case.

After that, and without going into the specifics of each case, it is important to know that there are rights and means of defense for unexpected constraints, which in the vast majority of cases affect part of the personal assets that cannot, and should not, be subject to blockages and/or seizures.

Yes, although Brazilian judicial procedure gives due and necessary attention to the rights of the Creditor, the fact is that executive and collection measures must also strive to be as burdensome as possible to Debtors.

In summary, the preservation of rights focuses, among others, on the points below:

• Non-seizability of savings up to 40 minimum wages;
• Non-attachability of wages, fees and remunerations up to 50 minimum wages;
• Non-attachability of retirement and pension benefits;
• Non-attachability of the Family Asset (debtor’s property/residence);

Although such items are duly provided for in Brazilian legislation, the fact is that the tools used by the judiciary are unable to immediately identify the origin of the assets, invariably resulting in the unavailability of goods and resources.

In order for these judicial acts to be reversed, it will be necessary for the debtor to appear in the process and challenge the illegal act, and for this, the role of a lawyer is essential to protect the basic rights to housing, health and, above all, human dignity.

Therefore, in the event of a freezing of assets or a seizure, the recommendation is that you immediately seek a professional capable of carrying out the correct analysis and guidance, including in the case of attempting to reach an agreement to resolve conflicts.

With collaboration from Ivan Kubala and Caio Mesquita.