does not configure fraud to execution the sale of personal assets carried out by company members performed, provided that the alienation occurs before their quote. This was a recent decision of the third class of the Superior Court of Justice, in whose case analyzed a couple - partners of a company executed in court for debts - sold the only good of which they were owners, and more than three years later, with the disregard of the company's legal personality, the execution of them was redirected.

The STJ ministers have emphasized that the valid quotation of the debtors is indispensable for the configuration of fraud, as provided for in Article 593, II, CPC / 73, and that it must occur at the time preterative time for the sale of good. / p>

The decision of the STJ, although it does not translate into a novelty, strongly echoes in the legal medium for its contemporaneity, in so far as it is extracted and reinforced, of the interpretation of the procedural standard invoked, the conclusion that the characterization of Fraud to execution would only be triggered the act of alienation of the goodness to be carried out after the valid and regular citation of the debtor or the third to which this condition - a debtor - will subsequently be elevated, such as the partner of the legal entity Who has redirected the execution by the decree of disregarding legal personality.

It is therefore evident that the STJ decision denotes the clear concern of the judiciary with legal certainty that must permeate any legal relationship, sedimented not only in the constitutional principles of the contradictory and the broad defense, but also at the beginning of the autonomy of the legal entity - little preserved in the field of work, but still relevant in civil law - and in those who are correlates, such as those related to personality and fundamental rights, "says Rafael Pfeifer, Cable area of ​​carpena associated lawyers.