Post by account_disabled on Mar 11, 2024 1:22:40 GMT -5
A financial institution with recognized solidity may be subject to seizure. It must fall on money, as long as the bank reserves maintained by the Central Bank are respected. This is the understanding of the th Panel of the Superior Court of Justice when judging the appeal by the Brazilian Institute for Consumer Protection in an action against Banco ABN Amro Real S/A.
In this case, the bank filed an appeal against the decision Austria Phone Numbers List of the nd Civil Court of the Central Court of the District of São Paulo. The first instance, in the execution phase of the amount of more than R$ thousand, denied the offer to seize National Treasury Financial Bills (LFTs).
The understanding was that, taking care of a financial institution with solid economic health, there is no reason not to respect the legal attachment order provided for in article of the Civil Procedure Code. The nd Civil Court ordered the deposit of money.
The São Paulo Court of Justice accepted the bank's appeal to allow the seizure of papers indicated by the defendant. Unsatisfied, Idec appealed to the STJ. He maintained that the seizure must apply to the money, showing that the reasoning behind the TJ's decision was mistaken, in the sense that the amounts deposited in the financial institution are third-party assets, with the bank appearing as a simple depositary.
The rapporteur of the case, Minister Luis Felipe Salomão, highlighted that the Court's jurisprudence rejects the recommendation for the seizure of public securities of uncertain liquidity. According to him, the magistrate can determine that the restriction applies to money or other goods that are more widely accepted on the market.
But on the other hand, he highlighted, in execution for a certain amount of not too high a value, observing the circumstances of the case, with the defendant being a financial institution with recognized solidity, it is strict that the seizure concerns money, respecting only the bank reserves maintained by Bacen.
In this case, the bank filed an appeal against the decision Austria Phone Numbers List of the nd Civil Court of the Central Court of the District of São Paulo. The first instance, in the execution phase of the amount of more than R$ thousand, denied the offer to seize National Treasury Financial Bills (LFTs).
The understanding was that, taking care of a financial institution with solid economic health, there is no reason not to respect the legal attachment order provided for in article of the Civil Procedure Code. The nd Civil Court ordered the deposit of money.
The São Paulo Court of Justice accepted the bank's appeal to allow the seizure of papers indicated by the defendant. Unsatisfied, Idec appealed to the STJ. He maintained that the seizure must apply to the money, showing that the reasoning behind the TJ's decision was mistaken, in the sense that the amounts deposited in the financial institution are third-party assets, with the bank appearing as a simple depositary.
The rapporteur of the case, Minister Luis Felipe Salomão, highlighted that the Court's jurisprudence rejects the recommendation for the seizure of public securities of uncertain liquidity. According to him, the magistrate can determine that the restriction applies to money or other goods that are more widely accepted on the market.
But on the other hand, he highlighted, in execution for a certain amount of not too high a value, observing the circumstances of the case, with the defendant being a financial institution with recognized solidity, it is strict that the seizure concerns money, respecting only the bank reserves maintained by Bacen.