The month of February presented a novelty that left all Brazilian drivers worried. Approved by the Federal Supreme Court (stf), defaulters who have a National Driver's License (driver's license) may have the document seized for the debt to be settled.
In the same approval, the defaulter's participation in public tenders is also prevented. This was certainly not the news that the whole of Brazil was waiting for, especially during the month of Carnival festivities. The decision was taken with 10 votes in favor and 1 against, on February 9th.
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In contrast to the decision of the SFT, Bill n. 604/23 which belongs to Deputy Dayany do Capitão (União – CE). In the deputy's text, the CNH that is used for work cannot be seized in cases of default and also prohibits the debtor from being prevented from participating in public tenders.
CNH seizure and future losses
When creating the PL, Deputy Dayany says that the seizure of the CNH guarantees “disproportionate damages” to the defaulter. The measure accepted by the STF, as guided by the Code of Civil Procedure, allows the judge to guarantee the court order even in those cases that seem somewhat unfair to the deputy.
For the deputy, the decision to seize the document and participate in public tenders inhibits some basic rights of Brazilians, since many of them use the CNH for work. As for the contest, according to Dayany, there is an attempt to prevent citizens from earning their own living.
“It is recognized that it is the creditor's right to obtain payment from its insolvent debtors, but credit recovery must be carried out in an appropriate manner and within reasonable limits,” said the deputy.
The proposal is still waiting for the approval of the National Congress. During the decision, the STF showed that the seizure can only be made if it does not violate any basic right of the citizen.
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