A penhora on-line e a efetivação do processo executivo.

Abstract

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.