Again to the debtor at the end of the process). In other words, in addition to the original debt — which was not paid spontaneously by the debtor — the creditor still runs the risk of not even being compensated for his investment in the attempt to recover the credit. "This attitude by the TJ-SP puts even more burden on the creditor, who has already defaulted and is trying to receive his credit", says Renata. In other words, the increase in costs puts "another weight on the creditor's shoulders to receive money that is his". People entitled to free justice, considered to be inefficient, are exempt from paying such costs. However, the lawyer emphasizes that “Justice has to be for everyone”. Furthermore, she states that in São Paulo the magistrates are "very judicious" in granting free justice. Miriam Shikanai Massunari , partner in the strategic litigation area at Nelson Wilians Advogados, also understands that the increase in values and their link to Ufesp are not justified.
She remembers that Ufesp is updated annually. In 2019, when the old single rate of R$16 was set, a Ufesp was worth R$26.53 — that is, since then, the rate has increased by almost 30%. "The tendency is for this value to only increase, further burdening those who are already facing difficulties in recovering their debtors' credits." Indifferent repetition As for Teimosinha, Miriam considers the model adopted by other states to be "more reasonable", without differentiating values. "Although it refers to a repeated attempt at bloc USA Phone Number king, which could justify a considerable increase in the value of costs, it is worth remembering that it contemplates a single order that lasts for a period of 30 days", she highlights. Renata shares this vision. According to her, it makes no sense to stipulate a different value for Teimosinha, as the tool is systemic and does not require greater work from the court: "It's a button that the court presses in the system. It makes no difference." Although it still only exists in São Paulo, the lawyer fears that this model of differentiation will be adopted in other states, as the TJ-SP tends to be a precursor to many measures in the country.
The tendency to improve technology and means of satisfying creditors' debts is notable. However, it is necessary that the value is proportional to the service and respects access to justice. Considering, on the one hand, that the value for the reiterated blockade of every 30 days is R$ 102.78, and, on the other hand, since the TJ-SP has already approved the use of Teimosinha on a permanent and unlimited basis until the debt is satisfied, the monthly payment of the aforementioned amount by the creditor may make it unfeasible and inhibit the long-term use of the tool", says Renan Machado , founding partner of Sfera Law. Brave José Higidioas unnecessary, the 6th Panel of the Superior Court of Justice partially granted a Habeas Corpus to replace the deprivation of liberty with precautionary measures . reproduction Deprivation of liberty would prevent the defendant from providing for his children Reproduction The rapporteur, minister Laurita Vaz, maintained in her vote the understanding that supported the granting of house arrest in an injunction. During the trial, the judge cited some points from the decision of the São Paulo Court of Justice (TJ-SP) that maintained the preventive measure, including the defendant's alleged connection with a criminal organization.