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This article was translated by an automatic translation system, and was therefore not reviewed by people.
The civil prisons were never disputed issue within the Brazilian legal system and, again, exsurgem the controversy about the same, particularly those relating to the depositary unfaithful.
The legislative rule, by the Decree-Law No 911/69, the procedures applied in cases where the debtor in possession trust is not well disposed of. Whatever the reason, the action of search and seizure provision in the aforementioned comment may be converted into action by filing the request of the author. The conversion means that the debtor would become depository infidel, of course, if not in possession of the property. Consequently, may be required due to civil prison.
He is, however, that the purpose of securing the right to remain at liberty, immediately suspending the decree of imprisonment, to assess the merits in habeas corpus brought in the Superior Court of Justice.
Happens that this decision has been the subject of controversial discussions with respect to civil imprisonment of the debtor fiduciante, international law, but also as regards the possibility of imprisonment for one year, where a depositary infidel, as has Article 652 of the Civil Code.
The questions arise in the distinction between contracts of sale of trust property, as security for loans, and the contract of deposit and others for the purpose of implementing the civil prison.
Minister Cezar Peluso is manifested by the lack of affinity between the contracts of deposit and alienation of trust, no reason appears to move from one to another.
Note that contrary to the current that the Minister considers Cezar Peluzo is based on a contract of sale that fiduciary incurs in transferring the domain and indirect ownership of the thing, regardless of the actual tradition of the well. It should be added that this way, the debtor will be characterized as direct and possessor depositary in accordance with the civil and criminal laws and in full convergence with the Federal Constitution.
Please note the existence of rules derived from the struggle for human rights which expressly prohibit any form of prison industry, arising from breach of contractual obligations, except in cases of default food.
Furthermore, essential cite the advent of the "Treaty of San José, Costa Rica," which spells "not fit the prison warehousekeeper infidel."
Thus, the question hangs on the outcome of a fence to the civil prison. Is that not fitting in this institute could rise higher by default fiduciantes?
This article was translated by an automatic translation system, and was therefore not reviewed by people.