By majority, the Federal Supreme Court (STF) decided today (9) that it is a constitutional article of the Code of Civil Procedure that authorizes the judge to determine coercive measures to comply with a court order, such as the seizure of the National Driver’s License (CNH) and of passport, suspension of the right to drive and banning participation in public tenders. With the decision, the Direct Action of Unconstitutionality (ADI) 5941, filed by the Workers’ Party (PT), which questioned the validity of Article 139, item VI, of the Code of Civil Procedure, was rejected. The party claimed that compliance with court decisions should not override the fundamental rights of citizens. In his vote, the rapporteur for the action, Minister Luiz Fuz, argued that the measures provided for in the article do not mean “excessive judicial discretion”. According to the minister, when applying the measures, the judge must observe proportionality and execute the offender in a less serious way. Minister Edson Fachin, on the other hand, partially disagreed with the rapporteur’s vote, because the legislation allows the application of measures in the case of action involving payment of debts. In the minister’s assessment, the debtor cannot have freedom and rights restricted because of unpaid debts, except in the case of the maintenance debtor. The trial started yesterday (8) and concluded today (9).
Agência Brasil
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