Eficácia da cessão de créditos judiciais: validade entre particulares e reconhecimento perante o juízo

Abstract

The legal effectiveness of the assignment of judicial claims is examined, an institute that has gained prominence due to the increasing professionalization of the judicial assets market in Brazil. The general objective is to investigate the dichotomy between the validity of the legal transaction celebrated between private parties and its enforceability against the debtor and the court. The methodology adopted consists of exploratory, qualitative, and bibliographic research, based on the analysis of classical and contemporary doctrine, as well as the jurisprudence of superior courts. In the development, the legal nature of the assignment is examined in light of the General Theory of Obligations, exploring the levels of existence, validity, and effectiveness, with a special focus on the restrictions imposed by the 2002 Civil Code. The results indicate that the transfer of credit, although perfected by simple consensus between the parties, faces challenges regarding external effectiveness, especially concerning the requirement of debtor notification and procedural succession. It is concluded that the legal certainty of the assignee, particularly in the investment market, depends on strict compliance with publicity requirements and the possession of the credit title, which are essential measures to mitigate the risks of multiple assignments and ensure priority in receiving the credit against third parties.