Alienação fiduciária o segredo de justiça nas ações de busca e apreensão nos contratos de compra e venda de veículos

Abstract

The secrecy of justice in search and seizure actions addresses the need to successfully guarantee the seizure of the asset to cover the party's outstanding balance. However, the use of this tool must be balanced with human rights and the principles of publicity, contradiction and broad defense, all of which belong to the Federal Constitution. The analysis of the topic discussed shows that, even though it is a measure supported by legislation and jurisprudence, it must be treated as an exceptional measure. The art. 189 of the Code of Civil Procedure brings limits to the restriction of procedural publicity, requiring justification for the use of secrecy and approval from the judge to do so. Therefore, the balance between the rights of the creditor and the debtor is extremely important to guarantee a fair and legitimate process without causing harm to the parties. Secrecy in the aforementioned actions must be used correctly to avoid frustration of the measure, but without causing an imbalance in the procedural order.