In February 2023, the Federal Supreme Court (STF) approved a determination to seize the National Driver's License (CNH) of defaulters. A decision took place in a vote whose result was ten votes to one, which considered the measure to guarantee the payment of debts to be constitutional. With this decision, convicted individuals are prevented from leaving the country and driving, which prevents a state flight.
They will not even be able to provide public tenders or assume a position of the type.
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Justice may order seizure of driver's license and passport
Now, those who do not pay their debts and go to court may lose important documents on a daily basis. What is worse is that, in addition, the decision of the STF also allows the Justice to prevent defaulters from taking public tenders or from assuming already guaranteed positions for the duration of this determination.
Of course, the citizen's right to come and go will not be taken away, as Minister Luiz Fux rightly pointed out. According to him, the measure can only be applied in cases that will not compromise “fundamental rights” and must follow the “principles of proportionality and reasonableness”. He even points out that each case must be studied individually so that the application of apprehensions is, in fact, put into practice.
seizure criteria
Some types of debt will escape the document seizure rule.
For example: those made about food products, which are considered essential and basic use. They cannot be used to retain a person's document. In addition, if the citizen's CNH is used for work or as a way of guaranteeing their livelihood, it cannot be retained due to default.
The main obstacle is that, despite these exceptions, debts of any nature are subject to legal action. In other words, even if your debts are essential products, such as food or medicine, the creditor has the right to sue the Court. Despite this, the legal claim is a measure that is only taken after attempts at contact by phone, email, mail or even physical contact.
legal role
With the recent decision, judges now have the power to apply “inductive, coercive, mandatory or subrogative measures” to defaulters. Although approved by the STF, the determination can be appealed by citizens who feel aggrieved or have their rights violated in the first instance.
In this situation, the case may follow the final and unappealable decision and proceed to higher courts.
