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Date: September 24, 2020
Posted by: CPDMA Team

The new SisbaJud system and its innovations

BacenJud 2.0 is the current system used by the Judiciary to request information and send court orders to the national financial system through the internet, linking Justice to the Central Bank and financial institutions. Just as an illustration, in 2019, 18 million court orders were issued, which resulted in the system blocking R$ 55.9 billion.

However, in the search for greater speed, as well as in view of the need for structural technological advances, a technical cooperation agreement was signed between the CNJ (National Council of Justice), the Central Bank and the National Treasury Attorney's Office, culminating in the creation of a new system, called SisbaJud (Asset Search System for the Judiciary).

SisbaJud arrives to replace BacenJud 2.0, aiming to improve the system for transmitting court orders to financial institutions. The new system will have two modules: one to remove bank secrecy and the other to request information on debtors from financial institutions and online attachment of assets.

Regarding the online attachment module, the procedures for blocking debtor amounts will remain the same as those applied by BacenJud 2.0, however, the automatic reiteration of blocking orders will be released, and the magistrate may stipulate the number of times that the order will be repeated in the system until the total amount is blocked, and it is no longer necessary to issue successive new orders related to the same decision.

The bank secrecy removal module is the first major novelty of the new system, being a tool that automates the sending of a court order to remove bank secrecy.

As is known, banking secrecy is a fundamental guarantee provided for in the Constitution, and can only be removed in previously established situations, such as the breach of bank secrecy by court order. In this way, the bank secrecy removal module arrives with the intention that the sending and monitoring of bank secrecy breach orders sent to financial institutions (BACEN, CVM and other financial institutions) are carried out in real time, considering that The transmission of the requested information is carried out digitally, with the concept of a draft being dispensed with in the new module, making the procedure more agile.

The Superior Court of Justice (REsp 1.220.307/SP) stated that the possibility of breaching the tax or bank secrecy of the debtor can only occur in an exceptional way, that is, after the exhaustion of attempts to locate the debtor's assets. The breach can only happen after a duly substantiated judicial decision, with the demonstration of the need for the measure to guarantee the effectiveness of the enforceable acts. The new module for breaking bank secrecy should not be used indiscriminately, being necessary to evaluate the restrictive measures already carried out in the process.

The new module seeks to reduce communication periods between the Judiciary and financial institutions, seeking to assist all branches of justice, in their various areas of action: civil, tax and labor executions, among others. 

With the new system, in addition to the requests that were already foreseen by BacenJud 2.0, it is possible to request credit card invoices, exchange and account opening contracts, copies of checks, balance of FGTS and PIS accounts, among other information.

Still, another novelty is the integration of the online attachment with the PJe (Electronic Judicial Process), through a web interface, as well as, for the Courts that so wish, of integration via API (Application Programming Interface) developed especially for this purpose.

In addition, the new system has information from other financial institutions and encompasses products that were not covered by the old system, such as, for example, cryptocurrencies, which may be blocked.

These are the main novelties implemented by the new system in the search for greater effectiveness and speed in the conduct of judicial proceedings.

Source: Felipe Meneghello Machado, lawyer for Cesar Peres Dulac Müller.

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