Recently, the possibility has arisen that citizens may lose the driver's license (National Driver's License) and passport in cases of default. Although it seemed like a reality far removed from what we were facing, that's what happened in the city of São Paulo.
In the 13th Civil Court of São Paulo, a judge decided that a man who owes debts should have the two documents seized until he regularizes the situation. He also lost access to his credit cards. It was through this case that some Brazilians began to be concerned about the situation, especially those who are in debt and have their documents put to the test.
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Understand the reason that can lead to the seizure of documents as indicated by law.
For the apprehension to happen, you have to pay attention to the details. The documents can only be seized if there is an active judicial process for the debt to be paid. It was exactly through this process that Judge Luiz Antonio Carrer of São Paulo made the decision.
The debtor's driver's license, passport and credit cards were suspended by the court's decision. The judge stated that the decision to seize the documents should be taken when the debtor does not expresses an interest in settling the debt and the court does not find other ways to find the assets of the debtor.
The driver's license can be seized depending on the case, as it may violate the citizen's right to come and go. If the debtor uses the license to work, for example, the document cannot be seized by the court. The blocking of cards happens due to the possibility of financial inability to pay off debts, so there is no way to remain with active credit.
O passport follows the same line of reasoning, since, with an active debt, it is understood that the debtor cannot travel internationally for leisure trips. There is a catch, after all, there are people who can travel for work or for health treatment. Only these conditions could prevent the judicial decision.
The judicial decision will depend directly on the debtor's willingness to settle the debt and, certainly, the In order for the apprehension to take place, the case must be open in court for the debt to be settled.
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