Penhora Online na Execução Civil

Medida Excepcional ou Preferencial?

Abstract

The present objective study to discourse on the distrainment online of values, innovation brought for the Law nº 11,382, of 07/12/2006, that it added art. 655-A to the Code of Processo Civil (CPC). Such instrument takes care of to the principles of the procedural celeridade and the economy, providing to the effective satisfaction of the right in the processing of the civil executions. But its use still is center of questionings, therefore it has who only defends that the distrainment online possesss bonanza character, being able to be required after depleted all the ways of if finding other goods of the executed one. Such agreement, as it will be demonstrated, is not supported in face of the forecast of art. 655, interpolated proposition I, of the CPC, that included the deposit or application in financial institution in first place in the legal order of preference for distrainment, beyond the distrainment online to consist in a simple, efficient and proportional procedure
of efectivation of the jurisdictional guardianship.