In the session of 09/02/2023 in relation to ADI 5941, the Federal Supreme Court declared that the provision in the Code of Civil Procedure that authorizes the judge to use alternative measures necessary for due compliance with a court order, such as the seizure of driver’s licenses and passports, the suspension of the right to drive and the prohibition of participation in public tenders and bids, is constitutional.
The majority of the plenary followed the vote of the Rapporteur, Justice Luiz Fux, who agrees with the application of the measures provided for in article 139, item IV, of the CPC, as long as it does not affect fundamental rights and respects the principles of proportionality and reasonableness.
The Rapporteur stressed that it is unacceptable that the Judiciary does not have the means and solutions to enforce its judgments.
However, he clarified that when applying such measures it is important to consider the dignity of the human person and its principles, and so any measure of abuse must be remedied through appeal.
On the other hand, Justice Edson Fachin contradicted the rapporteur, pointing out that such measures are unconstitutional because debtors should not suffer sanctions that restrict their freedom and rights for failing to pay their debts, except for maintenance debtors.
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