Carpena associated lawyers has recently obtained an important limit decision involving the extrajudicial expropriation provided for in Federal Law n. 9.514 of 1997. This law allows real estate data to be guaranteed to mutual contracts in general by means of fiduciary alienation, are executed extrajudalially in a procedure called a "fiduciary property consolidation". This procedure begins with a simple application that the creditor makes the real estate registration officer, so that the debtor is summoned to pay the debt within 15 (fifteen) days. If payment does not occur, the law allows the good to take the auction the term of 30 days without any intervention of the Judiciary. It should be noted that such a possibility has been widely used by financial institutions in recent years (instead of mortgage), as the procedure laid down in law allows the rapid satisfaction of bank credit in most cases. The border decision obtained, however, taken into account the arguments presented in precautionary action - mainly those related to constitutional guarantees - understood by suspending the procedure then initiated by a group of international funds until the clauses of the mutual contract are duly discussed in revisional. Although the medium used - precautionary action - it is rare in cases like this, since the judiciary does not usually accept this type of action for such purposes, carpena associated lawyers, valid to arguments and expressive legal theses and High scientific content, has achieved, in the concrete case, to ensure that its client, an important company in the agroindustrial sector, can judicially discuss the mutual contract without a risk of definitively losing the property of warranty data.