OPRINCÍPIO DA PUBLICIDADE DOS ATOS JUDICIAIS E O SEGREDO DE JUSTIÇA: HÁ INTERESSE PÚBLICO OU SOCIAL QUE JUSTIFIQUE A APLICAÇÃO DOSEGREDODEJUSTIÇANASAÇÕESDEBUSCAE APREENSÃO EMALIENAÇÃOFIDUCIÁRIA?

Abstract

The search and seizure actions in fiduciary alienation, regulated by Decree-Law No. 911/1969, aim at seizing assets given as fiduciary collateral, commonly used in vehicle financing and consortiums, in case of default by the debtor. It has become common to file such actions under seal of secrecy, alleging the existence of public or social interest justifying the use of the institution. However, judicial secrecy is an exception to the rule that court proceedings be public, considering the constitutional principle of publicity, and secrecy may be applied only in cases delimited by law. This paper aims to address the possibility, or not, of applying judicial secrecy in actions of search and seizure in fiduciary alienation, assessing whether there is public or social interest justifying the processing of such proceedings under seal of secrecy, based on the study of principles, procedures, rights, and guarantees involved in the subject matter.