In the legal system, especially during the 1973 Civil Procedure Code (CVC), the options for locating debtors during the course of a case were quite limited.
This restricts both the power of the Judiciary as for the creditor party, its own location methods, such as the SISBAJUD, RENAJUD, CNIB, SNIPER and INFOJUD/DOI, as well as assistance to government agencies, credit card companies and service agencies public.
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With the introduction of the principles of cooperation and maximum effectiveness of the process, outlined in articles 4 and 6th of the current CVC of 2015, the Brazilian judicial system gained more flexibility to locate defaulters.
This enabled it to adapt to new social movements, including digital movements, and improve its debtor location methods in the legal context.
Based on article 139, IV, of the 2015 CVC, the judge must conduct the process in accordance with the provisions of the Code and take measures to ensure compliance with court orders, including in actions involving obligations pecuniary.
Now, courts are able to find debtors not only through their own systems or through government bodies, companies credit card and public service administrations, but by digital application databases and streaming.
Therefore, platforms like HBO Max, Netflix, Prime Video, Tele Cine, iFood, 99 Taxi and Uber will be useful for locating defaulters.
(Image: disclosure)
As an example, it is worth mentioning the 4th Panel of the Federal Regional Court (TRF of the 4th Region), which, due to the difficulty in finding a debtor, decided adopt alternative and indirect coercive measures to encourage him to comply with his obligations, even if not in a spontaneous.
However, it is important to note that other courts, such as the São Paulo State Court of Justice (TJ-SP) and the State Court of Justice of Santa Catarina (TJ-SC), have understood that the attempt to request information from streaming companies needs to be carried out with decision substantiated.
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