Property attachment replacement with insurance warranty does not depend on the creditor

in a recent case, the STJ decided on the possibility of replacing real estate attachment with insurance warranty in tax enforcement process , even without the consent of the plaintiff.

The replacement had been authorized by the São Paulo Court of Justice, upon a 30% increase over the debt value, which is a legal requirement. In judgment of appeal filed by the Public Treasury, the STJ confirmed the decision, stating that the substitution is possible based on the Fiscal Execution Law.

It should be noted, in this case, that warranty insurance is more efficient option compared to real estate attachment, considering that it can be converted to money at the end of the process. Thus, possible the replacement, even if there is opposition from the creditor.

On the other hand, it is noteworthy that there is understanding of the STJ itself in the sense that, to replace the attachment in cash with insurance or bank bail, the consent of the plaintiff is required.