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Open Access Publications from the University of California

A Penhora on line de ativos financeiros: reflexões sobre o aprimoramento do Código de Processo Civil brasileiro à luz da análise econômica do Direito

  • Author(s): Barbosa, Fabiano Jantalia
  • et al.

The on line attachment of financial assets: thoughts about the improvement of the Brazilian Procedural Code in light of an economic analysis of law. ABSTRACT: Procedural Law represents an important tool of application of material law, since it is by the means of procedural law that the litigants presents their claims to the judges aiming at the defense of their rights. Considering that it is during the execution of the sentence, when it is transformed into the benefit of the creditor, the sluggishness and inefficiencies of this phase hinders the enforcement of the sentence and makes it difficult to enforce the collection of debt and contracts, urging uncertainty in the economy. To face the problems of sluggishness and inefficiency of the Judiciary, Brazil has promoted changes in the procedural laws, especially with the edition of Law nº 11.387 that establishes the enforcement of online attachment of financial assets. In this scenario, this paper seeks to analyze how the introduction of this tool by Law nº 11.387, can confer greater efficiency to the procedural process, which results in positive effects to the administration of the judicial system and the economy as a whole.

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