The purpose of this paper is to analyze the controversial treatment given by the courts to claims secured by movable or immovable property, or credit pledged right as collateral, such as those secured by liens and leases. This institute is called "bank lock" in judicial recoveries. The name comes from the special treatment given to so-called “credits owners," which are typically financial institutions as provided for in Law nº. 11.101, of February 9, 2005 - Article 49, § 3º. The overall goal is to discover what the court’s position is, proving whether or not there is an effective “bank lock." The specific objectives are: (i) to understand the conflicting doctrinal positions, and (ii) to present a jurisprudential overview over the last two years. The research methodology has three approaches: (i) theoretical, (ii) secondary data, and (iii) field, with the survey time frame covering the years 2012 and 2013. The spacial investigators are the MG, MS, PE, RJ, RS, SP Courts and the Superior Court of Justice, for having judged on the topic over the years surveyed.
- Reorganization proceedings,
- financial institutions,
- bank locks.
Available at: http://works.bepress.com/claudia_nunes/11/