SUSPENSION OF EXECUTION FOR ABSENCE OF PROPERTY: Scope of Art. 921, III, of the CPC in light of asset search technologies and the duty of official impulse in executions for a certain sum
Name: LIDIA SILVEIRA VALLE SILVEIRA
Publication date: 26/05/2025
Examining board:
Name |
Role |
|---|---|
| BECLAUTE OLIVEIRA SILVA | Examinador Externo |
| MARCELO ABELHA RODRIGUES | Presidente |
| THIAGO FERREIRA SIQUEIRA | Examinador Interno |
Summary: This dissertation investigates the contours and effects of the suspension of enforcement proceedings due to the failure to locate attachable assets, provided for in article 921, III, of the Code of Civil Procedure. The object of this research is linked to the changes promoted by Law No. 14,195/2021, which modified the creditor's perspective in the search for debt satisfaction, insofar as the extinction of the executive claim by the intercurrent statute of limitations began to occur regardless of the enforcer’s careless actions in the course of the procedure, starting its counting with the simple knowledge of the first unsuccessful attempt to locate assets. Simultaneously, the stay of execution which, in the original text of the CPC/15, resulted from the absence of enforceable assets, now applies when no attachable assets are located. Despite the application of a new rule that is more burdensome to the creditor, the procedural legislator has not established legal parameters that allow us to conclude that, in fact, at that procedural moment, after all the appropriate and adequate steps have been taken, no assets have been located that are attachable and sufficient to satisfy the claim. At the same time, the National Council of Justice, playing a decisive role in advancing the use of technological methods in the judicial system, has taken care to implement various electronic tools, with restricted access to the Judiciary, which act both as a means of providing information about the debtor's assets and as a means of effectively seizing assets. In view of this, and using the deductive research method, the research proposes to analyze the burden of promoting the executive procedure. Thus, from a publicist point of view, the burden hitherto imposed on the creditor to gradually request asset searches is removed and it is identified that the judge, holder of the technological mechanisms for investigating assets, must, ex officio, exploit all the potential of the technological resources placed at his disposal, not only as an objective premise for suspending the enforcement process, but also because it is the judge's duty to protect the creditor's constitutional right to forced enforcement, as well as because it is in the court's interest to guarantee the effectiveness of judicial decisions and the stability of legal relations by resolving the satisfaction crisis.
