Penhora sobre aplicações financeiras: novos olhares sob o novo código de processo civil

Abstract

The present work aims to elucidate the legal garnishment and its incidence on financial applications according to the new Civil Procedures Code (CPC - Lei nº 13.105/2015). The previous Civil Procedures Code (Lei nº 5.869/1973) no longer met the new realities of the legal framework, thus it was inefficient in solving the problems of the Judiciary System, such as the slowness of the proceedings. Although the 2015 Civil Procedures Code emerged with the purpose to bring celerity to the procedures, as well as fair decisions, it hasn’t brought many of those innovations to garnishments, since the most important changes to this legal institute had been introduced by the 11.232/2005 and the 11.382/2006 laws, which were responsible for a major reform of the enforcement stage of the procedure. Nevertheless, it cannot be said that the new Code was irrelevant to garnishments, on the contrary, it refined the innovations already implemented and sought to guarantee that the enforcement is less onerous to the defendant during the execution. Financial applications such as savings accounts, society and company’s incomes are examples of assets that are subject to garnishment and that follow specific regulations established by the CPC.