A adoção da penhora on-line como instrumento de efetividade e celeridade da execução no processo civil brasileiro

Abstract

This work is the result of a theoretical nature of research that sought to address about online attachment of the instrument, which was introduced in the Brazilian legal system by Law No. 11.382 / 2006. The research was focused on the Bank Jud agreement which allowed the application of the institute study, as well as the constitutionality of its use based on the Constitution and the constitutional and procedural principles. The preparation of this research arises from the need to demonstrate the effectiveness and the speed that the electronic attachment offers to run in civil procedure, since this issue involves numerous debates. The crux of this paper is then to analyze the object of attachment online against the principle of least burden on the debtor and the bank secrecy, based on the following issue: "The adoption of the attachment instrument online matter the breach of bank secrecy or violates the infra principle of least burden to the debtor? "The work is employed methods of deductive and dialectical approach and methods of historical and evolutionary and exegetical and legal procedure, and has used the research technique consistent in the literature through data collection through indirect documentation. It was found, so that the application of attachment money in deposits or financial assets does not imply violation of privacy of the debtor or offends the principle of least burden.