Aspectos polêmicos da penhora "on line"

Abstract

It introduces the Patrimonial Responsibility as the substratum that legitimates private´s assets intervention by the State. It indicates the money as a preferential asset to be attached in legal seizures of specific amounts. It emphasizes the technological advance along with the satisfaction brought by the legal seizure through Central Bank’s system BACENJUD. It demonstrates that on-line assets’ attachment is an idoneous measure to assure the quick response to creditors’ right, as well as to keep the debtors from acting in order to fraud or to delay the process. It defends the creditor’s right to have priority for his on-line assets’ attachment request, and not have it treated as an exception. It exposes the existence of many baseless critics against on-line assets’ attachment. It justifies the reason for being unacceptable courts’ reluctance on using such measure. It demonstrates the existence of no violation whatsoever regarding the favor debitoris principle by the on-line assets’ attachment. It clarifies the need to impose the respect for the priority list established by the Article 655 of the CPC. It introduces the relevance of the on-line assets’ attachment to other legal fields. It shows the possibility of applying the on-line assets’ attachment as a prevention measure.