RE: Published today23 Apr 2021 11:48
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Case 0079566-96.2017.8.26.0100 (main case 1090569-02.2015.8.26.0100) - Compliance with judgment -Species of Contracts - Castro, Sobral e Gomes Advogados - Simple Society - - INCE & CO GERMANY LIP - Zamin Amapá Mineração S / A - - DEV Logística Ltda - Kpmg Corporate Finance Ltda (Judicial Administrator) - Visas. Before the elements contained in the case file, I grant the request to block any financial assets currently held by the co-executed Dev Logística Ltda., And proceed with your request on line. Accessing the SISBAJUD system on this date, I verified that the order received a negative response, according to the protocol that is attached. However, I refuse to request the permanent blocking of the executee's accounts, since such measure proves to be disproportionate and ineffective to the desired end. Disproportionate, because it amounts to whatever amounts become part of the property of the executed, regardless of its nature and value, thus tending to constrain unaffordable and / or negligible amounts. Such a measure, moreover, obliquely, prevents the use of banking services by the executed, hindering him from the means necessary for the dignified living, in today's society. Ineffective, as it is thrown at funds that do not yet exist, the emergence of which is only presumed, in an abstract exercise of inventiveness, not proving to be immediately suitable for credit satisfaction. In this sense, moreover, the E. Tribunal de Justiça Bandeirante, in its most recent judgment: EXECUTION - attachment by the Bacenjud system partially positive - request for official letter sent to a certain bank to effect the blocking of present and future values ??- first degree rejection - insurgency of the unfinished creditor - Bacenjud 2.0 regulation that allows the blocking of existing values ??only - art. 789 of the CPC that allows the debtor's responsibility with all his present and future assets - careful analysis of future assets - impossibility of permanent blocking, as the receipt of values ??is future and uncertain - absence of concrete elements of the existence of future assets - counterproductive measure - existence of other restrictive measures to achieve the executive claim - precedents - order maintained - appeal not provided. (TJSP 38th Chamber of Private Law Bill of Appeal No. 2256549-85.2018.8.26.0000 Rel. Des. Achile Alesina J. December 13, 2018). Therefore, what is necessary is expressed in terms of continuation. Intimate yourself. - ADV: OLYMPIO JOSE MATOS LEITE DE CARVALHO E SILVA (OAB 298656 / SP), CARLOS VICTOR PAIXAO XIMENES (OAB 422252 / SP)