In a recent decision favouring creditors in Brazil, the Brazilian Superior Court of Justice (STJ) established the understanding that as a rule, bank deposits in the name of legal entities operating for business purposes are not protected by the unseizability provided for in the Civil Code
Tue rule of unseizability seeks to protect the dignity of the debtor and his family, by maintaining a minimally dignified standard of living, ensuring them essential assets to preserve the existential minimum, that is, it is intended for natural persons, soon, it cannot be extended without distinction to legal entities.
The decision highlighted that the unseizability provided in Brazilian legislation can be excepted when the creditor demonstrates bad faith, abuse of rights or fraud comitted by the debtor.
Therefore, in a context of intense search for assets, the seizure of bank deposits in the name of companies can represent part of the capital of the debtors, who intend to avoid paying their debt, opening the way for yet another alternative and favorable method for the creditors seeking to satisfy their credit.
