Priscilla Folgosi
Lawyer at Marcos Martins Advogados
One of the most common means of searching for and blocking financial assets held by the debtor is that carried out by the Central Bank, known as the BACENJUD 2.0 search.
This search is carried out in order to locate any assets in bank accounts registered to the CPF or CNPJ of the person under execution. However, at the end of 2018, this institute underwent changes in order to make the search more effective and consequently increase the chances of a fruitful result.
In December 2018, there was a change in the Bacenjud regulations to modify the search procedure, which was previously carried out only once, i.e. if there were financial assets at the time of the search, the amounts were blocked and if there were not, the search was unsuccessful.
In the new model, Bacenjud 2.0, the search for the debtor’s assets will continue throughout the day, until the deadline for the omission of an Available Electronic Transfer (TED) on the business day following the court order or until the block is fully satisfied, whichever comes first.
Paragraph 4 of article 13 of the aforementioned regulation is now worded as follows:
Art.13. (…)
§Paragraph 4 – Once the court order has been complied with in accordance with paragraph 2 and the full amount of the attachment sought has not been reached, thus requiring supplementation (partial compliance), the participating financial institution must maintain a search for the debtor’s assets throughout the day, until the deadline for issuing an Available Electronic Transfer (TED) on the next business day following the court order or until the blockage has been fully satisfied, whichever occurs first. During this period, debit operations will remain prohibited (intraday blocking), but amortizations of the debit balance of any credit limits (overdraft, revolving credit, guaranteed account, etc.) will be allowed.
In this way, the BACENJUD search and the online seizure of credits are now more rigorous, seeking to give greater effectiveness to convictions, increasing the likelihood of success in blocking any financial assets in the debtor’s bank accounts.
The law firm Marcos Martins Advogados Associados is at your disposal for any clarifications and measures regarding the aforementioned obligations.
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National Council of Justice. Bacenjud 2.0 Regulation – approved at the Management Group meeting held on December 12, 2018. Available at: CNJ. Accessed on: 27 Feb 2019.
