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Brazil implements real-time judicial property seizure system
Brazil is implementing the Constri-Jud system, a national electronic platform developed by the National Operator of the Electronic Real Estate Registry System (ONR). This system integrates the Judiciary with real estate registries, allowing for the real-time transmission of judicial orders regarding seizures, arrests, and sequestrations. In Mato Grosso do Sul, this change aims to reduce the time between judicial decisions and their effective registration, enhancing legal security and reducing the risk of unauthorized property transfers.
Separately, the National Council of Justice (CNJ) has issued new guidance regarding the ITCMD (Inheritance and Donation Tax) in extrajudicial inventories. The guidance allows for the drafting of inventory and partition deeds without the prior payment of the tax, provided that fiscal information is recorded and communicated to tax authorities. While this facilitates the dejudicialization of succession law, legal experts note that it does not exempt the tax or automatically resolve whether real estate registries can record property transfers without proof of tax payment, as state-level legislation and the distinction between notary and registry activities remain factors.
Entities
Mato Grosso do Sul · National Council of Justice · National Operator of the Electronic Real Estate Registry System