Collecting Old Debts: Learn How the Courts Can Protect You

In the legal world, where interpreting the law is a true act of art and responsibility, decisions emerge that deserve to be highlighted for their ability to illuminate citizens' rights and strengthen trust in justice. One of these decisions was made in the 2nd District Court of Valença do Piauí-PI, under the jurisdiction of Honorable Judge Dr. Filipe Bacelar Aguiar Carvalho, who brilliantly addressed the issue of the statute of limitations on debts in the case No. 0802283-76.2022.8.18.0078.

In deciding that a debt was unenforceable due to the five-year statute of limitations, Dr. Filipe Bacelar followed the consolidated understanding of the Superior Court of Justice (STJ), but not only that. His decision went further, emphasizing a fundamental aspect: the recognition of the statute of limitations does not imply the automatic settlement of the debt by the consumer, but rather ensures that the consumer will only pay if he so wishes. Furthermore, the creditor is prevented from carrying out any collection action, a clear protection against abuse.

This approach deserves to be highlighted not only for its technical correctness, but also for the impact it has on the lives of so many people. Imagine a citizen who, due to circumstances beyond his control, found himself in debt and was, for years, pursued by incessant collections. By recognizing the statute of limitations, the judge's decision brings relief, respect for dignity and an opportunity to start over without the burden of a legally unenforceable debt.

More than a decision, this is an example of how justice should act: protecting the balance between the parties, promoting social peace and ensuring that rights are fully observed. Furthermore, it reinforces the fundamental role of the lawyer, who is the citizen's spokesperson in this scenario. It is he who takes his clients' anxieties, fears and hopes to court, seeking fair and effective solutions.

As a lawyer, I feel inspired by decisions like this and motivated to fight tirelessly to defend my clients' rights. Believing in justice means believing that each case can be resolved with responsibility, humanity and refined legal technique.

If you are facing debt collections from old debts or have any doubts about your rights, know that there is a solution and that you are not alone. As a lawyer, I am available to carefully analyze your case, find the best strategies and seek the justice you deserve. After all, your peace of mind and your rights are priorities that deserve all my commitment.

Antônio Barbosa Lima O’Brien Júnior, Lawyer specializing in Consumer Law, Civil Law and Civil Procedure. For more information: +55 (86) 9 9988 - 9668.

REFERENCES

BRAZIL. Court of Justice of Piauí. 2nd Civil Court of the District of Valença do Piauí. Declaratory action of non-existence of legal transaction with compensation for moral damages. Case No. 0802283-76.2022.8.18.0078. Plaintiff: Salustiano Alves dos Santos. Defendant: ATIVOS S.A. SECURITIZADORA DE CREDITOS FINANCIALIROS. Judge: Dr. Filipe Bacelar Carvalho Aguiar. Sentence: February 29, 2024.

BRAZIL. Superior Court of Justice - STJ. 3rd Panel. Special Appeal No. 2,088,100 - SP (2023/0264519-5). Appellant: Itapeva Crédito Recuperação LTDA. Respondent: Danilo Pedro de Araujo. Rapporteur: Hon. Justice NANCY ANDRIGHI. Ruling: 10/17/2023. Source: <https://processo.stj.jus.br/SCON/GetInteiroTeorDoAcordao?num_registro=202302645195&dt_publicacao=10/23/2023>. Accessed on July 7, 2024.

LATTES CV

Graduated in Law from Faculdade Maurício de Nassau - FAP Unit (2017). Graduated in Portuguese and English Literature from Centro Universitário ETEP (2023). Graduated in Portuguese and Spanish Literature from Faculdade IBRA de Brasília (2024). Graduated in Technical Course in Buildings from the Technological Center for Vocational Education of Maranhão - CTEPMA (2024). Postgraduate degree in Consumer Law, Civil and Procedural Law, and Public Law from Faculdade Legale (2021). Postgraduate degree in Higher Education Teaching from Universidade Cândido Mendes - Instituto Pró Saber. Postgraduate degree in Women's Law; Pension Planning; Asset, Family and Succession Planning, all from Faculdade Legale. Lawyer regularly registered with the Brazilian Bar Association under number 16650. Address to access this CV: https://lattes.cnpq.br/4424387435868424