Measure was adopted after a creditor was unable to locate the debtor’s assets, even after obtaining a victory in a lawsuit
The Third Panel of the unanimous decision that allows the attachment of cryptocurrencies belonging to debtors. This measure was adopted after a creditor was unable to locate the debtor’s assets, even after obtaining a victory in a court case. Historically, the court had the possibility to block amounts in bank accounts to ensure debt payment, but cryptocurrencies were not contemplated in this procedure. With the new determination, judges and creditors now have the authorization to access these digital assets.
Minister Humberto Martins, who acted as rapporteur of the case, stressed that since 2019 It requires citizens to declare their possessions in cryptocurrencies. He emphasized that a debtor must respond for his obligations using his entire assets, which also includes cryptors. In turn, Minister Villas Bôas Cueva commented that, despite the lack of specific regulation for cryptocurrencies, there are proposals for law in Congress that recognize them as financial assets. In addition, the National Council of Justice (CNJ) is developing a platform called Cryptojud, which aims to facilitate the block and attachment of these digital assets.
Posted by Sarah Paula
*Report produced with the aid of AI
