A penhora sobre o faturamento de empresa e sua aplicabilidade na satisfação da execução civil

Abstract

The distrainment on company invoicing gained attention in the field of fulfillment of civil executions, represented by extrajudicial and judicial instruments, when introduced in the Code of Civil Procedure by Law nº 11.382/2006, which among other changes, put it in seventh place in order of preference provided for in art. 655, CPC, as provided in art. 655-A, § 3, CPC, the procedure to be admitted in the case of its approval, accepting this type of attachment that had long been accepted in the case law. So today, the seizure of over billing company is already consolidated in order and can be applied in asset accountability since the execution on an exceptional basis and subject to the requirements of lack of assets of the debtor or difficult to carry goods, need for appointment a depositary and a management plan submitted for court approval, and mainly that constriction does not jeopardize the continuity of business activities, which should be preserved because of its social function. There is no other reason why, before its relevant importance to the satisfaction of civil execution, the distrainment on company invoicing is maintained in the new code of civil procedure design, complete with even more regulation, in order to meet the doubts that exist about the topic.