Extrajudicial procedures for search and seizure and consolidation of fiduciary ownership of movable property.

CNJ Provision No. 196/2025 establishes extrajudicial procedures for the search and seizure and consolidation of fiduciary ownership of movable property, aiming for greater (i) speed, (ii) legal certainty, and (iii) dejudicialization of these processes. This provision applies exclusively to movable property given as fiduciary collateral , and the contracts must expressly provide for the possibility of extrajudicial procedures.

To carry out the procedure, proof of default or non-payment is required through prior extrajudicial notification with proof of receipt, in addition to a contract duly registered in the competent registry office, containing clear clauses regarding the fiduciary collateral.

The extrajudicial search and seizure procedure begins with a request submitted by the creditor to the notary or official of the district where the property is located or where the contract is registered. After analysis of the documentary regularity, the debtor is notified to cure the default or voluntarily deliver the property.

In the absence of payment or delivery of the asset, an executive order is drawn up, the execution of which may involve a court officer or authorized representative, including police support when necessary.

Consolidation of the fiduciary ownership occurs upon request when retrieval is impossible or the asset is already with the creditor. After consolidation, the asset is appraised and then taken to public auction. The amount raised is used to settle the debt, interest, fines, and expenses, with any remaining balance returned to the debtor.

Throughout the process, the debtor is guaranteed essential rights, such as the right to pay the arrears at any time before consolidation or effective retrieval, as well as the right to present justifications or objections.

In this context, notaries and registrars play a fundamental role as overseers of the legality of the procedure, being responsible for notifications, records, and necessary registrations throughout the entire process.

Provision 196/2025 represents a significant step forward in reducing litigation and increasing efficiency in the recovery of debts secured by fiduciary assignment of movable property, offering a faster and less costly path, while preserving legal certainty and the fundamental rights of the parties involved.