Credit Recovery | Brazilian CNJ Establishes a National Policy on Effective Enforcement: 4 Key Points for Creditors

On August 19, 2026, the National Council of Justice’s Internal Affairs Office (Corregedoria Nacional de Justiça) issued Provision No. 255/2026, which establishes the National Consolidation on Effective Enforcement and brings together, under a single national policy, a set of instruments aimed at recovering claims recognized in judicial or extrajudicial enforceable instruments. The rule treats enforcement as a permanent public judicial policy and targets the main bottleneck of Brazilian civil procedure: the stage at which a recognized right is most at risk of never being converted into effective satisfaction.

For the creditor, the Consolidation is primarily instrumental, as it strengthens asset investigation, coordinates dispersed enforcement proceedings against the same debtor, and creates national databases on asset attachments.

Below, we highlight 4 key points that creditors and their counsel should observe under the new framework:

1. Asset Investigation Units and Proactive Asset Tracing: The State Courts of Justice and the Federal Regional Courts (TRFs) will establish Asset Investigation Units (Núcleos de Pesquisa Patrimonial – NPPs), specialized units supported by technology, data science, and artificial intelligence, aimed at identifying assets, including those held in the name of straw persons, and at preventing enforcement fraud. For the creditor, this holds the promise of a more analytical asset investigation, less dependent on isolated measures, which should favor the recovery of assets concealed through artificial corporate restructurings or transfers to third parties.

2. Consolidation of Enforcement Proceedings and Coordinated Treatment of Large Debtors: The Consolidation regulates the joinder of enforcement proceedings and creates the statutory concept of the “large debtor,” allowing the coordinated management of multiple enforcement proceedings against the same debtor, including through a coordinating court and specific payment and compulsory enforcement regimes. This counters the disorganized competition among creditors over the same assets and the duplication of measures. The effect is to concentrate efforts on the same estate and to prevent it from being diluted across parallel proceedings.

3. National Platform for Judicial Sales (PNAJ): The PNAJ (Plataforma Nacional de Alienações Judiciais) is established as the single environment for conducting the country’s electronic judicial auctions, with automated generation of notices and records and standardized nationwide publicity. The rule also reinforces the priority of sale by private initiative over the traditional judicial auction where suitable for the prompt satisfaction of the claim. For the creditor, this standardization should reduce failed auctions and delays in expropriation, increasing the chances of converting the attached asset into payment.

4. National Registry of Attachments (BNP) and Data-Driven Management: The BNP (Banco Nacional de Penhoras) is created as a national registry of asset attachments, intended, among other purposes, to avoid duplicate attachments and to facilitate locating assets already attached, accompanied by national indicators and dashboards monitoring enforcement effectiveness. For the creditor, the gain is one of intelligence and predictability, with greater transparency as to what has already been attached and a lower risk of conflicting attachments.

The practical effectiveness of these instruments depends on steps still underway. Courts have until September 24, 2026 to regulate their NPPs, and the mandatory use of the PNAJ and the BNP is conditioned upon future ratification by the CNJ, with an additional 120-day period. The very criteria defining the “large debtor” are yet to be confirmed. It is advisable to closely follow each court’s regulation, so as to enable, as early as possible, the use of the tools that actually become operational.

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