Da presunção de rateio de valores guarnecidos em conta corrente conjunta solidária, havidos em penhora, à luz do julgamento do IAC nº 12

Abstract

This paper aims to analyze the trial held in Special Appeal n. 1.610.844/BA, in which provisions were established, with binding force, by means of an Incident of Assumption of Competence (IAC). It sought to verify whether the occurrence of collateral seizure should cover the whole of the amounts or only the share of the executed debtor. The methodology used for the research was, primarily, bibliographic review of the doctrine related to the topic, aligned with the qualitative research of the subject, as it was sought in the jurisprudence of the STJ judged relating to the subject in question, well to clarify the disputed scenario under study. Two theses were established in the jurisprudence of the STJ, whose exegesis has binding force, in order to guide future decisions involving the subject matter. In view of this, it was obtained with judgment the preconized in Art. 332, III, of the CPC, being a case of trial of imprudence if opposed, and in Art. 927, III, of the CPC, whose observance falls upon all judges and Tribunals, in order to uniformize their jurisprudence.