The 2nd Civil Sentence Enforcement Court of Florianópolis has authorized the seizure and appraisal of furniture and IT equipment belonging to the headquarters of an investment company organized as a limited liability company (Ltda), in the enforcement of an extrajudicially enforceable instrument.

The decision was based on the interpretation that the protection against seizure of work-related assets, as established in Article 833, item V, of the Code of Civil Procedure, applies only to individuals and, in exceptional cases, to micro or small businesses in which the personal activities of the partners are closely tied to those of the legal entity. This protection generally does not extend to limited liability companies.

In this case, due to the lack of voluntary payment and the debtor’s failure to indicate any assets, a court officer conducted an inspection and found various items at the company’s premises, such as workstations, computers, a data server, air conditioning units, televisions, and office furniture. The creditor requested the seizure and removal of the items for auction, a request that was granted.

Rejecting the argument that the assets were essential to the company’s operations, Judge Alessandra Meneghetti emphasized that the company does not qualify as a micro or small business, making the legal protection against seizure inapplicable. The decision cited precedents from the Superior Court of Justice (STJ) and the Santa Catarina State Court (TJ-SC) aligned with this interpretation.

This precedent reinforces the limited scope of asset protection under the Civil Procedure Code and signals a stricter approach toward claims of asset shielding by business entities during enforcement proceedings.

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