The Supreme Federal Court (STF) has ruled that it is constitutional for the judiciary to order the seizure of the passport and driver’s license (CNH) of delinquent individuals.
These sanctions were already provided for in the Code of Civil Procedure as a coercive measure to compel citizens to settle their debts.
However, the Workers’ Party (PT) filed a Direct Action of Unconstitutionality, questioning the validity of Article 139, item VI, of the Code of Civil Procedure. The party argued that the enforcement of judicial decisions should not override the fundamental rights of citizens.
By a vote of 10 in favor and 1 against, the ministers understood that the measures provided for in the article do not signify “excessive judicial discretion.” But they made a reservation: when applying the measures, the judge must observe proportionality and execute them in a less severe manner towards the offender.
For example, if the delinquent uses their driver’s license for work, the document should not be seized.
Other punishments that the STF understood could also be applied include prohibiting the individual’s participation in public competitions and in bids with the public authorities.
But what does it mean to be delinquent?
Delinquency is the failure to pay a debt. So, a delinquent is someone who has failed to pay their debts. However, only debtors who have been registered with credit protection agencies, such as Serasa and SPC Brazil, fall into this category. These companies are responsible for monitoring and tracking the debts of Brazilian consumers.
Thus, once an individual has their data entered into the database of these platforms, they become a delinquent. But it is important to highlight that delinquency can be a temporary and reversible condition. It is possible to settle debts and exit this category.
If you have incurred debts and are unsure if you are delinquent, check the databases of credit protection agencies using your CPF number.
Sources: Agência Brasil and IDinheiro.com.br