Post by account_disabled on Mar 6, 2024 0:29:56 GMT -5
Justice secrecy should only be decreed as an exception. The rule is the publicity of procedural acts. With this justification, the National Council of Justice suspended an act of the Internal Affairs of the Court of Justice of Santa Catarina, which granted secrecy to search, seizure and repossession actions resulting from leasing contracts or with fiduciary alienation as collateral.
According to counselor Emmanoel Campelo, responsible for the decision, the measures adopted by the TJ-SC establish “unfair and undue inequality” between plaintiffs and defendants. The operations in question are normally promoted by financial institutions, in contracts where there is a fiduciary sale of the asset as collateral.
The TJ-SC Inspectorate maintained that the stance adopted BTC Number Data sought to guarantee the effectiveness of search and seizure or repossession injunctions, as the debtor party, upon learning of the distribution of the action, could disappear with the assets given as collateral. The prior imposition of judicial secrecy in these cases, he argued, would serve the public interest.
However, for Campelo, it is up to the judge to assess the initial request and decide on whether or not judicial secrecy is necessary. “An act of the Internal Affairs Department could never define secrecy as a rule, in actions where only the private interests of debtors and creditors are present in leasing contracts or contracts with fiduciary alienation as collateral”, he stated. With information from the CNJ Press Office.
These suggestions for reducing public revenue and expenditure, dear President, will allow us to maintain the budgetary balance that the Fiscal Responsibility Law
advocates, an achievement of Brazilian society (obtained during Fernando Henrique's government) that has, in a certain way, left us , more stable in the face of the tsunamis and waves that the world economy is suffering. Maintain budget balance by cutting both ways. There will be no point in reducing revenue and increasing expenses, or vice versa. The government's objective should not be to hoard money, but to allow the adoption of a level of economic satisfaction that balances private and public investment, aiming to reduce regional and social inequalities, as determined by our Constitution. This will not be achieved only by the private sector or the public sector of the economy, but by the appropriate combination of both.
According to counselor Emmanoel Campelo, responsible for the decision, the measures adopted by the TJ-SC establish “unfair and undue inequality” between plaintiffs and defendants. The operations in question are normally promoted by financial institutions, in contracts where there is a fiduciary sale of the asset as collateral.
The TJ-SC Inspectorate maintained that the stance adopted BTC Number Data sought to guarantee the effectiveness of search and seizure or repossession injunctions, as the debtor party, upon learning of the distribution of the action, could disappear with the assets given as collateral. The prior imposition of judicial secrecy in these cases, he argued, would serve the public interest.
However, for Campelo, it is up to the judge to assess the initial request and decide on whether or not judicial secrecy is necessary. “An act of the Internal Affairs Department could never define secrecy as a rule, in actions where only the private interests of debtors and creditors are present in leasing contracts or contracts with fiduciary alienation as collateral”, he stated. With information from the CNJ Press Office.
These suggestions for reducing public revenue and expenditure, dear President, will allow us to maintain the budgetary balance that the Fiscal Responsibility Law
advocates, an achievement of Brazilian society (obtained during Fernando Henrique's government) that has, in a certain way, left us , more stable in the face of the tsunamis and waves that the world economy is suffering. Maintain budget balance by cutting both ways. There will be no point in reducing revenue and increasing expenses, or vice versa. The government's objective should not be to hoard money, but to allow the adoption of a level of economic satisfaction that balances private and public investment, aiming to reduce regional and social inequalities, as determined by our Constitution. This will not be achieved only by the private sector or the public sector of the economy, but by the appropriate combination of both.