Tudo que você precisa saber sobre embargos de terceiro!

Summary

This video script offers a comprehensive overview of the legal concept of 'embargos de terceiro' (third-party objections) in Brazilian law. It explains how third parties can challenge the seizure of their property when they are not involved in the original legal action. The script highlights key aspects, including who is eligible to file such objections (owners, possessors, and others with rights to the property), the legal articles governing the process, the time frame for filing, and the jurisdiction where the objections should be filed. It emphasizes practical examples and provides clarity on the application of this legal remedy in various scenarios.

Takeaways

• 😀 Embargos de Terceiro (Third-Party Objections) is a legal remedy used to protect a property or asset from being wrongly seized in a legal process, especially when the person is not the debtor.
• 😀 This remedy is typically used in cases where someone has purchased property through informal means, like a 'contract of gaveta' (an unofficial property transfer), and the property is seized due to the seller's debt.
• 😀 The article 674 of the Brazilian Code of Civil Procedure (CPC) outlines that anyone who is not a party to a lawsuit but suffers a property seizure can file for Embargos de Terceiro to defend their assets.
• 😀 The remedy is available not only to property owners but also to fiduciary owners or possessors, as long as they hold the property in good faith.
• 😀 Embargos de Terceiro can also be filed by spouses or partners defending property owned individually or in shared assets, and by buyers affected by fraudulent property transfers.
• 😀 Property possessors, even if the property is still in the seller's name, can also file Embargos de Terceiro if the asset is seized due to the seller's debt.
• 😀 Embargos de Terceiro must be filed within a specific period: in execution proceedings, it must be done within 5 days after the sale of the asset but before the relevant court documents are signed.
• 😀 In cases involving legal execution, a judge can order that a third party (a possessor or rightful owner) be notified if their property is at risk of seizure.
• 😀 The jurisdiction for filing Embargos de Terceiro is determined by the court that issued the seizure order, not the location of the property or the domicile of the defendant.
• 😀 In the case of a court order involving a letter of request (carta precatória) for asset seizure, the jurisdiction may shift depending on where the order originated, and the third-party objection must be filed in the originating jurisdiction.

Q & A

What are the common situations in which third-party objections (embargos de terceiro) are typically used?

Third-party objections are often used in cases where someone, not a party to the legal process, finds that their property or possession is being wrongfully affected by a legal action, such as a property being seized due to a debt that is not theirs. This can include situations like the seizure of property purchased through informal agreements like 'contrato de gaveta' (a non-official sales contract).

Can third-party objections be filed by anyone who owns a property?

No, third-party objections can only be filed by the legitimate owner or possessor of a property. Even if someone holds a property under a contract that hasn’t been registered officially, like a 'contrato de gaveta', they still have the right to file third-party objections to protect their possession from unjust seizure.

What does Article 674 of the Civil Procedure Code outline regarding third-party objections?

Article 674 of the Civil Procedure Code defines the conditions under which third-party objections can be filed. It specifies that anyone who is not part of the legal process but whose property or rights are being affected by a legal action (such as a seizure or lien) can request the annulment or suspension of such actions through third-party objections.

Who is eligible to file third-party objections under the Civil Procedure Code?

According to Article 674, third-party objections can be filed by the property owner, a fiduciary owner, or a possessor of the property. Additionally, spouses or partners may file on behalf of jointly owned property, and buyers whose property is affected by fraudulent execution may also file an objection.

What is the significance of the term 'constrição' in relation to third-party objections?

'Constrição' refers to the act of constraining or seizing someone's property as part of a legal process, often due to unpaid debts or legal claims. In the context of third-party objections, 'constrição' refers to the wrongful seizure of property that is owned or possessed by someone else, and the objection aims to protect those individuals from such actions.

When can third-party objections be filed in a legal process?

Third-party objections can be filed at any time during the knowledge phase of a legal process as long as the judgment has not become final. In the execution phase, the objection must be filed within five days of the completion of the sale or auction, but before the corresponding certificate of sale is signed.

What is the primary purpose of filing a third-party objection in cases of property seizures?

The primary purpose of filing a third-party objection is to protect the property or possession of someone who is not involved in the legal action but whose property is wrongfully affected by it. This allows them to challenge the seizure or other legal actions that impact their rights to the property.

Where should a third-party objection be filed if the property is located in one jurisdiction but the seizure order comes from another?

The third-party objection must be filed in the court that issued the order for the seizure. This is regardless of the location of the property. For example, if the seizure order comes from a court in São Paulo but the property is in Recife, the objection must be filed in São Paulo, where the order originated.

What does Article 676 of the Civil Procedure Code state about the jurisdiction for filing third-party objections?

Article 676 establishes that third-party objections should be filed in the court that issued the order for the seizure of the property. If the action was initiated by a precatory letter (a request from another jurisdiction), the objection should be filed in the court of the jurisdiction where the letter was issued.

How do third-party objections differ from other types of legal challenges, such as an appeal?

Third-party objections are specifically designed to challenge the wrongful seizure of a person’s property or rights in a legal process. Unlike appeals, which challenge the substance or outcome of a decision, third-party objections focus on protecting the legal rights of individuals whose property is being affected by an external legal action, even if they are not directly involved in the case.