Excess in the Pledge of Revenue Percentage: Serious Risk to Business Continuity

Priscila Machado Valim dos Santos

doi:doi:10.11648/j.aas.20220703.12

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Excess in the Pledge of Revenue Percentage: Serious Risk to Business Continuity

Priscila Machado Valim dos Santos

Published in Advances in Applied Sciences (Volume 7, Issue 3)

Received: 13 April 2022 Accepted: 27 June 2022 Published: 26 July 2022

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Abstract

This article demonstrates the binomial of risks that threaten the execution phase according to the Brazilian legal system in relation to the interests of the creditor, when an incessant search is created to reach the debtor’s assets, sometimes achieving high percentages of the debtor’s earnings. The study demonstrates the consequences on the impact of business activity, putting at risk the company’s obligations with payments of legal relevance, such as employees and taxes. As part of this study, a brief explanation is made of the principles that guide the execution and assist in its correct application focused on the balance of the creditor-debtor, being presented by the author a summary of the concept and functioning of the implementation process of the executive phase in the Brazilian procedural system, explaining about the weakening of the principles of the social function of enterprises and lower onerity of the debtor until reaching definitions on each term of constriction. Finally, it is demonstrated in practice the attachment of the companies' revenue and its consequences, through real cases where see succeeded in reducing the percentage initially applied, in order to achieve the result to the creditor without seriously injuring the financial health of the debtor undertaking, threatening its bankruptcy.

Published in	Advances in Applied Sciences (Volume 7, Issue 3)
DOI	10.11648/j.aas.20220703.12
Page(s)	44-51
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2022. Published by Science Publishing Group

Keywords

Pledge, Billing, Execution, Principles

References

[1]	GOES, Gisele Santos Fernandes. Princípio da Proporcionalidade no Processo Civil [Proportionality principle in civil procedure], São Paulo, Saraiva, 2004, pp. 16/17.
[2]	NEVES, Daniel Amorim Assumpção. Manual de Direito Processual Civil. [Civil Procedural Law Manual.] 9 ed. Salvador: Juspodivm publisher, 2017, p. 1065/1068
[3]	THEODORO JR., Processo [Process], n. 22, 2004, p. 64/65.
[4]	Lei nº 13.105, de 16 de março de 2015. Institui o Código de Processo Civil [Establishing the Code of Civil Procedure]. Artigo 775. Diário Oficial da União, Brasília, DF, 17 março 2015. Disponível em https://www.planalto.gov.br/ccivil_03/_ato2015-2018/2015/lei/l13105.htm.
[5]	FERRARI NETO, Luiz Antonio. Penhora. Enciclopédia jurídica da PUC-SP. Processo Civil [Civil Procedure]. 1. ed. São Paulo: Pontifícia Universidade Católica de São Paulo, 2017. Disponível em: https://enciclopediajuridica.pucsp.br/verbete/203/edicao-1/penhora
[6]	TARUFFO, Michele. et al. Lezioni sul processo civile, p. 349; THEODORO JUNIOR, Humberto. Curso de direito processual civil [Course on civil procedural law], 2015, p. 439.
[7]	CARNELUTTI apud ASSIS, Manual da execução [Implementation Manual], 2012, p. 696.
[8]	MONNERAT, Fábio Victor da Fonte. Artigos 824 a 875. Novo Código de Processo Civil anotado e comparado para concursos. [New Code of Civil Procedure annotated and compared for competitions.], São Paulo: Saraiva, 2015, p. 825.
[9]	GONÇALVES NETO, Alfredo de Assis. Lições de Direito Societário [Lessons of Corporate Law]. São Paulo: Juarez de Oliveira publisher, 2002.
[10]	BRONZEL, Rômulo Augusto Araújo. Questões controvertidas no novo CPC na esfera do Direito Societário [Controversial issues in the new Code of Civil Procedure in the sphere of Corporate Law]. In: Gazeta do Povo, Curitiba, novembro 2015. Acess: http://www.gazetadopovo.com.br/vida-publica/justica-e-direito/artigos/questoes-controvertidas-do-novo-cpc-na-esfera-do-direito-societario-e6orsmg5hz3v5fm3exhdzk3la. Accessed on 20 November 2021.
[11]	GONÇALVES NETO, Alfredo de Assis. Direito de Empresa – Comentários aos arts. 966 a 1.195 do Código Civil. [Company Law - Comments on articles 966 to 1.195 of the Civil Code]. 6ª Ed. São Paulo. Revista dos Tribunais publisher, 2015.
[12]	FRIGI, Tolentino Moro Frigi Advogados. Ilegalidade da Penhora ou Arresto de Faturamento da Empresa [Illegality of Foreclosure or Seizure of Company Billing]. Acess: https://tolentinomorofrigi.jusbrasil.com.br/artigos/866898492/ilegalidade-da-penhora-ou-arresto-de-faturamento-da-empresa Accessed on 20 November 2021.
[13]	ROMANO, Rogério Tadeu. A penhora de faturamento da empresa e a penhora on line [The earnings pledge of the company and the online pledge]. Acess: https://rogeriotadeuromano.jusbrasil.com.br/artigos/886975471/a-penhora-de-faturamento-da-empresa-e-a-penhora-on-line. Accessed on 20 November 2021.
[14]	J. PETRELLI GASTALDI, Elementos de Economia Política [Elements of Political Economy], 15. ed., São Paulo, Saraiva, 1992, n. 62, p. 128).
[15]	COELHO, Fábio Ulhoa. Curso de Direito Comercial-Direito de Empresa [Course on Commercial Law-Company Law]. São Paulo. Saraiva publisher, 2012.

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APA Style

Priscila Machado Valim dos Santos. (2022). Excess in the Pledge of Revenue Percentage: Serious Risk to Business Continuity. Advances in Applied Sciences, 7(3), 44-51. https://doi.org/10.11648/j.aas.20220703.12

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ACS Style

Priscila Machado Valim dos Santos. Excess in the Pledge of Revenue Percentage: Serious Risk to Business Continuity. Adv. Appl. Sci. 2022, 7(3), 44-51. doi: 10.11648/j.aas.20220703.12

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AMA Style

Priscila Machado Valim dos Santos. Excess in the Pledge of Revenue Percentage: Serious Risk to Business Continuity. Adv Appl Sci. 2022;7(3):44-51. doi: 10.11648/j.aas.20220703.12

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@article{10.11648/j.aas.20220703.12,
  author = {Priscila Machado Valim dos Santos},
  title = {Excess in the Pledge of Revenue Percentage: Serious Risk to Business Continuity},
  journal = {Advances in Applied Sciences},
  volume = {7},
  number = {3},
  pages = {44-51},
  doi = {10.11648/j.aas.20220703.12},
  url = {https://doi.org/10.11648/j.aas.20220703.12},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.aas.20220703.12},
  abstract = {This article demonstrates the binomial of risks that threaten the execution phase according to the Brazilian legal system in relation to the interests of the creditor, when an incessant search is created to reach the debtor’s assets, sometimes achieving high percentages of the debtor’s earnings. The study demonstrates the consequences on the impact of business activity, putting at risk the company’s obligations with payments of legal relevance, such as employees and taxes. As part of this study, a brief explanation is made of the principles that guide the execution and assist in its correct application focused on the balance of the creditor-debtor, being presented by the author a summary of the concept and functioning of the implementation process of the executive phase in the Brazilian procedural system, explaining about the weakening of the principles of the social function of enterprises and lower onerity of the debtor until reaching definitions on each term of constriction. Finally, it is demonstrated in practice the attachment of the companies' revenue and its consequences, through real cases where see succeeded in reducing the percentage initially applied, in order to achieve the result to the creditor without seriously injuring the financial health of the debtor undertaking, threatening its bankruptcy.},
 year = {2022}
}

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TY  - JOUR
T1  - Excess in the Pledge of Revenue Percentage: Serious Risk to Business Continuity
AU  - Priscila Machado Valim dos Santos
Y1  - 2022/07/26
PY  - 2022
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DO  - 10.11648/j.aas.20220703.12
T2  - Advances in Applied Sciences
JF  - Advances in Applied Sciences
JO  - Advances in Applied Sciences
SP  - 44
EP  - 51
PB  - Science Publishing Group
SN  - 2575-1514
UR  - https://doi.org/10.11648/j.aas.20220703.12
AB  - This article demonstrates the binomial of risks that threaten the execution phase according to the Brazilian legal system in relation to the interests of the creditor, when an incessant search is created to reach the debtor’s assets, sometimes achieving high percentages of the debtor’s earnings. The study demonstrates the consequences on the impact of business activity, putting at risk the company’s obligations with payments of legal relevance, such as employees and taxes. As part of this study, a brief explanation is made of the principles that guide the execution and assist in its correct application focused on the balance of the creditor-debtor, being presented by the author a summary of the concept and functioning of the implementation process of the executive phase in the Brazilian procedural system, explaining about the weakening of the principles of the social function of enterprises and lower onerity of the debtor until reaching definitions on each term of constriction. Finally, it is demonstrated in practice the attachment of the companies' revenue and its consequences, through real cases where see succeeded in reducing the percentage initially applied, in order to achieve the result to the creditor without seriously injuring the financial health of the debtor undertaking, threatening its bankruptcy.
VL  - 7
IS  - 3
ER  -

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Author Information

Priscila Machado Valim dos Santos

Civil Law School, University Center Geraldo di Biase, Volta Redonda, Brazil

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Plain Text BibTeX RIS

APA Style

Priscila Machado Valim dos Santos. (2022). Excess in the Pledge of Revenue Percentage: Serious Risk to Business Continuity. Advances in Applied Sciences, 7(3), 44-51. https://doi.org/10.11648/j.aas.20220703.12

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ACS Style

Priscila Machado Valim dos Santos. Excess in the Pledge of Revenue Percentage: Serious Risk to Business Continuity. Adv. Appl. Sci. 2022, 7(3), 44-51. doi: 10.11648/j.aas.20220703.12

Copy | Download

AMA Style

Priscila Machado Valim dos Santos. Excess in the Pledge of Revenue Percentage: Serious Risk to Business Continuity. Adv Appl Sci. 2022;7(3):44-51. doi: 10.11648/j.aas.20220703.12

Copy | Download

@article{10.11648/j.aas.20220703.12,
  author = {Priscila Machado Valim dos Santos},
  title = {Excess in the Pledge of Revenue Percentage: Serious Risk to Business Continuity},
  journal = {Advances in Applied Sciences},
  volume = {7},
  number = {3},
  pages = {44-51},
  doi = {10.11648/j.aas.20220703.12},
  url = {https://doi.org/10.11648/j.aas.20220703.12},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.aas.20220703.12},
  abstract = {This article demonstrates the binomial of risks that threaten the execution phase according to the Brazilian legal system in relation to the interests of the creditor, when an incessant search is created to reach the debtor’s assets, sometimes achieving high percentages of the debtor’s earnings. The study demonstrates the consequences on the impact of business activity, putting at risk the company’s obligations with payments of legal relevance, such as employees and taxes. As part of this study, a brief explanation is made of the principles that guide the execution and assist in its correct application focused on the balance of the creditor-debtor, being presented by the author a summary of the concept and functioning of the implementation process of the executive phase in the Brazilian procedural system, explaining about the weakening of the principles of the social function of enterprises and lower onerity of the debtor until reaching definitions on each term of constriction. Finally, it is demonstrated in practice the attachment of the companies' revenue and its consequences, through real cases where see succeeded in reducing the percentage initially applied, in order to achieve the result to the creditor without seriously injuring the financial health of the debtor undertaking, threatening its bankruptcy.},
 year = {2022}
}

Copy | Download

TY  - JOUR
T1  - Excess in the Pledge of Revenue Percentage: Serious Risk to Business Continuity
AU  - Priscila Machado Valim dos Santos
Y1  - 2022/07/26
PY  - 2022
N1  - https://doi.org/10.11648/j.aas.20220703.12
DO  - 10.11648/j.aas.20220703.12
T2  - Advances in Applied Sciences
JF  - Advances in Applied Sciences
JO  - Advances in Applied Sciences
SP  - 44
EP  - 51
PB  - Science Publishing Group
SN  - 2575-1514
UR  - https://doi.org/10.11648/j.aas.20220703.12
AB  - This article demonstrates the binomial of risks that threaten the execution phase according to the Brazilian legal system in relation to the interests of the creditor, when an incessant search is created to reach the debtor’s assets, sometimes achieving high percentages of the debtor’s earnings. The study demonstrates the consequences on the impact of business activity, putting at risk the company’s obligations with payments of legal relevance, such as employees and taxes. As part of this study, a brief explanation is made of the principles that guide the execution and assist in its correct application focused on the balance of the creditor-debtor, being presented by the author a summary of the concept and functioning of the implementation process of the executive phase in the Brazilian procedural system, explaining about the weakening of the principles of the social function of enterprises and lower onerity of the debtor until reaching definitions on each term of constriction. Finally, it is demonstrated in practice the attachment of the companies' revenue and its consequences, through real cases where see succeeded in reducing the percentage initially applied, in order to achieve the result to the creditor without seriously injuring the financial health of the debtor undertaking, threatening its bankruptcy.
VL  - 7
IS  - 3
ER  -

Copy | Download