Online attachment of fixed- and variable-income investments

Online attachment. As of today, January 22, fixed-income and variable-income investments may be subject to online attachment by court order.

According to communication 31,506 of the Central Bank, published this past December 21, brokerage firms, securities distributors, and finance companies have been included in the online attachment system, BacenJud 2.0 – an electronic communication system between the Judiciary and financial institutions, through the Central Bank.

The change will be carried out in three phases, and the institutions will receive a direct order to block funds.

In the first stage, investments in shares of open-ended funds will be included. The second stage will begin on March 31, with the inclusion of public and private fixed-income assets – government bonds, Tesouro Direto, bank certificates of deposit (CDBs), Real Estate Credit Notes (LCI), Agribusiness Credit Notes (LCA), and others.

Variable-income securities, such as investments in stocks, are to be included as of May 30, in accordance with the adaptation of the recently integrated institutions to the National Financial System Client Registry (CCS).

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BacenJud allows the judicial authority to electronically send the Central Bank requests for information and orders for the blocking, unblocking, and transfer of funds, as well as to conduct inquiries on clients held at financial institutions, such as the existence of account balances, statements, and addresses.

Over the last decade, the volume of court orders grew with the inclusion of more financial institutions in the CCS. In 2017, the Central Bank received more than 3.8 million requests for judicial blockings, totaling R$ 34 billion. Of this total, approximately R$ 17 billion went toward settling debts with the Courts.

Schedule for the implementation of changes to BacenJud

Source: Central Bank of Brazil

Source: CNJ