TerraLex Cross-Border Guide to Guide to Tracing Assets Around the World

Brazilian courts offer applicants some tools to track respondents' assets. The attachment of assets can be made online through different court systems (“Info-Jud”, “Rena-Jud” or “Sisba-Jud”, which replaced the former system “Bacen-Jud” in 2020“).

The “Info-Jud” is a computer program that allows the court, or duly authorized persons, to access tax returns of individuals or legal entities. The program allows the court to obtain information on existing assets of taxpayers which can be used as a guarantee in execution lawsuits.

The “Rena-Jud” is a computer program that permits access to the records of the National Traffic Department enabling the court to order the attachment of vehicles as a guarantee in execution lawsuits. The attachment will not permit the registration of change of ownership of vehicles if a sale is made by the debtor.

The “Sisba-Jud” is a newly developed system that replaced the outdated “Bacen-Jud”. “Sisba-Jud” went into operation on September 8, 2020. The system still has the same function as the previous one, allowing the court or duly authorized representatives to access the debtor´s bank accounts and investments and to attach the funds as a guarantee in execution lawsuits. The main difference between the “Bacen-Jud” and the “Sisba-Jud” is that “Sisba-Jud” operates in an integrated manner with the court, allowing the automatic reproduction of the asset’s restraint order. Therefore, the restraint order can be more effective, since the new system can monitor the assets for a longer period and the bank can immediately comply with the restraint order issued by the court.

Yes. Some information is publicly available, such as real estate ownership records, vehicle ownership records, share participations, etc. Such information is available at the Real Estate Registers, the National Traffic Department, and the Register of Commerce.

In addition to the requests to Real Estate Registers, the National Traffic Department and the Register of Commerce , the applicant may request that the court have access to the respondent’s assets through the above mentioned court systems.

Yes. A blocking injunction can be obtained from the court preventing the respondent from disposing of the assets until the final judgment of the execution lawsuit.

Two legal prerequisites are necessary to obtain a freezing injunction: a likelihood of the existence of the alleged applicant’s right and a justified concern of harm to the applicant’s right if there is a lapse of time before the final decision is issued by the court. Such requirements must be evidenced in anticipation to the granting of the freezing injunction.

A freezing injunction may apply to all classes of assets (ie real estate, bank accounts, investments, shares, etc) , within or outside the respondent’s jurisdiction. However, the Code of Civil Procedure forbids the seizure of some assets, such as life insurance policies, tools and utensils used for professional activities, clothing, etc.

The court can issue a search and seizure order whenever the respondent tries to hide assets or there is a reasonable risk that the respondent may dispose of the assets.

Yes. Whenever the injunction order cannot be issued online the court must issue an order for the attachment of assets as guarantee in the execution lawsuit. Orders addressed to a foreign jurisdiction are made through rogatory letters.

Yes, provided that the foreign court decision or arbitration award has been previously recognized by the Brazilian Higher Court of Justice (“Superior Tribunal de Justiça – STJ”), according to the procedure established in the Code of Civil Procedure.