Brazil’s Superior Court of Justice (STJ) Establishes Criteria for Suspension of Passports, Driver’s Licenses (CNH), and Credit Cards in Enforcement Proceedings

Brazil’s Superior Court of Justice (STJ), in a judgment under the repetitive appeals procedure, approved the thesis set out in Theme No. 1,137, thereby establishing parameters for the adoption of so-called atypical enforcement measures, such as the suspension of passports, the National Driver’s License (CNH) and credit cards. The decision represents a relevant shift in the Court’s case law, which previously treated such measures with strong resistance.

This was largely because, until then, national case law had adopted a predominantly restrictive stance toward such measures, notwithstanding the existence of Article 139, item IV, of the Code of Civil Procedure (CPC), which provides for the adoption of all inductive, coercive, mandamental, or subrogatory measures necessary to ensure compliance with a court order.

By way of example, the typical coercive enforcement measures currently employed by courts to locate assets include attachment (seizure) of funds via Sisbajud, vehicles via Renajud, and real estate, as well as asset searches involving the breach of confidentiality (Infojud), followed by expropriation measures (sale or adjudication).

However, in addition to the typical or direct means of enforcement mentioned above, the use of atypical enforcement measures is justified only upon a finding of necessity, which is characterized when all traditional enforcement measures have been exhausted; otherwise, there is a risk of violating due process of law.

Among the most commonly adopted atypical measures are the seizure of documents, such as a passport, the blocking of credit cards, and the suspension of the debtor’s National Driver’s License (CNH).

In general, these mechanisms are considered atypical given the judge’s discretionary power to create or adapt measures not expressly listed in the CPC, provided they are appropriate to the specific case and aimed at ensuring the effectiveness of the judicial decision.

With the recent decision, STJ standardizes the applicable guidance and consolidates the possibility of using such measures, provided that the defined criteria are observed. The Court not only recognizes their possibility but also establishes clear boundaries to prevent abuse and ensure legal certainty.

The application of measures such as the suspension of a passport, CNH, or credit cards now cumulatively requires compliance with the following requirements:

• Exhaustion of traditional enforcement means
• Subsidiary and exceptional nature
• Individualized reasoning
• Observance of the adversarial principle (right to be heard)
• Proportionality and reasonableness

The thesis adopted tends to standardize the application of atypical measures throughout the country, in addition to providing greater legal certainty to judges and legal practitioners, ensuring effectiveness in enforcement—especially in cases of strategic non-payment—and preventing abuse through strict control of proportionality and reasoning.

Although the decision (written opinion) has not yet been made available, STJ’s ruling therefore marks an advance in consolidating the application of Article 139, item IV, of the CPC, reinforcing the effectiveness of enforcement jurisdiction while preserving constitutional guarantees.

This article was prepared by Carina Silva de Souza Dourado and Júlia Astorga de Souza, our Conflict Resolution specialists. Both remain available for any clarifications or discussions on the subject.