The Second Group of the Superior Court of Justice (STJ) has confirmed the decision of the Minister Mauro Campbell Marques that don't admitted special feature Company from Paraná, that intended to replace property pawned in a tax, arguing that the well was essential for the development of its activities .

The "Fazenda Nacional" rejected the application for replacement of the real estate pawned to the argument that the real estate is offered in a county far, in the municipality of Novo Aripuana, the state of Amazonas. According to the allegations of the "Procuradoria-Geral da Fazenda", was verified in place a series of irregularities regarding the registration of the property, including land grabbing, and well it would not be owned by debtor.

The understanding of the Second Group was based on the Tax Enforcement Act (Law No. 6.830/1980). In Article 15, it states that the borrower can obtain a replacement of the attachment by cash deposit or bank guarantee, but aside from these assumptions, the substitution submit to the consent of the lender. The Minister Mauro Campbell explained that as the understanding adopted by "Tribunal Regional Federal da 4ª Região" is in line with the jurisprudence of the STJ, the special feature can’t be processed (Docket 83/STJ).

Citing previous judgments, the rapporteur of the case said that the execution is made from the interest of the creditor, as it is for him to refuse the offered or not property of the pawned when they are located in another jurisdiction, which makes difficult the sale. The decision was unanimous. 

Source: STJ