The Superior Court of Justice (STJ) has established important criteria for the application of atypical enforcement measures in civil execution proceedings.

These measures — including restrictions on passports, driver’s licenses and credit cards — are now considered valid tools to enforce debts, provided certain conditions are met.

The Court emphasized that such measures cannot be applied automatically.

Their validity depends on:

• Prior exhaustion of traditional enforcement methods
• Proper legal justification
• Proportionality to the specific case

A shift in enforcement dynamics

Civil enforcement in Brazil is evolving beyond purely asset-based mechanisms.

While this increases enforcement effectiveness, it also raises the level of legal scrutiny.

Improper use of these measures may result in their invalidation and delay the recovery process.

Impacts for companies

For creditors, this opens new strategic opportunities in debt recovery, especially in persistent default cases.

For debtor companies, the risks increase.

Atypical measures may indirectly affect business operations and management routines.

Additionally, companies must be prepared to demonstrate disproportionality or excess when challenging such measures.

Strategic recommendations

For creditors:

• Maintain documented evidence of prior enforcement attempts
• Structure well-founded legal requests
• Assess timing and necessity of atypical measures

For debtor companies:

• Maintain organized financial documentation
• Be prepared to challenge excessive measures
• Strengthen internal risk and liability management

This decision reinforces a key message: enforcement is no longer just procedural — it is strategic.