After consolidating the property, based on Decree-Law fiduciary creditor

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Must prove the sale of the seized asset, as well as the value obtained from the sale and any remaining balance in favor of the debtor party. Rafael L. Minister Marco Buzzi, rapporteur of the Rafael L. This was the understanding of the 4th Panel of the Superior Court of Justice, when reforming a ruling by the Court of Justice of Minas Gerais that had stipulated the debtor's responsibility for proving the sale of the asset and the value determined in the transaction, to verify any possible right to refund of the amount exceeding the debt. Originally, a bank filed a search and seizure request for a truck given as collateral by the debtor in two credit agreements. At the time, the debt was approximately R$34 thousand. After the seizure, the debtor informed the court that he learned about the sale of the vehicle — valued at around R$73,000 — but did not receive from the bank the amount that exceeded the total debt.

The TJ-MG concluded that it was not possible to order the creditor to pay any amount for the sale of the asset, as the debtor did not provide proof of the sale of the vehicle. At the STJ, the reporting minister, Marco Buzzi, recalled that, when the verification of the balance of the sale was requested, the legislation already obliged the fid Special Phone Number Data uciary creditor to promote the sale of the asset given as collateral and, after deducting the value of the debt and the costs of the operation, deliver the remaining balance to the debtor. "After the resumption of the asset by the fiduciary creditor, the sale (judicial or extrajudicial) is a basic premise, constituting an obligation established by law", stated the magistrate. Therefore, he confirmed the sale of the asset and the application of the money to pay the debt and collection expenses. The minister also recalled that, as of  Law 13,043/2014 , the creditor became obliged to account for the sale of the seized asset.



In his view, it is not possible to attribute to the debtor the role of proving the sale or the value obtained in the transaction, as this would represent the transfer of an obligation legally imposed on the creditor. Also according to Buzzi, if the search and seizure action is restricted to the issue of consolidating ownership of the asset in the name of the fiduciary creditor, the controversy over the sale value and the existence of a balance in favor of the debtor must be discussed via specific court. However, as the bank did not appeal the TJ-MG ruling, the rapporteur considered it impossible to dismiss the debtor's claim. He ordered the records to be returned to their origin, for consideration of the request related to accountability. With information from the STJ press office .he characterization of work as analogous to slavery does not depend on the restriction of freedom of movement, but also includes the subjection of people to degrading working conditions.