CAVALCANTE, F. C. G.; CAVALCANTE, Francisco Celimar Gualberto.
Resumo:
This research has the main objective of analyzing the discussion on the attachment
online, presenting it as a tool of great assistance to the executive process, since it is
a mechanism to assist in the mission to become truly effective. In search of the
arguments that such issues were to subsidize research, we used the methods
literature, the use of doctrines and scientific work of scholars of the subject, the
historical evolution to demonstrate the evolution of existing approaches, the
comparative method to make a connection between the many doctrinal thoughts and
finally, the exegetical method to the interpretation of legal provisions that deal with
related institutes. All authors researched recognize the existence of a crisis of
execution, which leads to inefficiency of the judiciary to enforce its judgments in such
disputes, once, in nowadays, with the instruments available to the borrower is very
difficult to locate their assets, since it no longer has the same characteristic of old
times. Currently it is very common to use the "stooge" in an attempt to hide assets, as
well as the financial system since, with the great advancement of computer and
communication technologies, it became easy movement of the amounts deposited in
banks, and because many believe they are protected by bank secrecy. This situation
persists even after recent changes made in the CPC. However, the agreement
between the judiciary and the Central Bank, the Bacen Jud, is a major innovation
because it allows, in fact, make up the effectiveness of judicial executive, to make
quick identification of cash deposited with financial institutions, thus allowing the
concrete satisfaction of the creditor.