The National Justice Council (CNJ) established a new regulatory framework for the Judiciary’s Asset Search System (Sisbajud) through Ordinance 03/2024. This new regulation aims to improve efficiency and security in asset identification and freezing, while intensifying the fight against asset fraud. The key points are as follows:

(i) Detection of Front Persons and Asset Concealment

The regulation includes measures to identify the use of intermediaries, a practice where assets are concealed through third parties, commonly referred to as “front persons.”

When ordering the freezing of assets linked to a CPF (Brazilian Individual Taxpayer Registry) in the Sisbajud system, the system reviews all related banking relationships. This includes indirect links, improving fraud detection. If evidence of fraud exists, the system can issue alerts, such as a “non-client” response, signaling the need for further investigation.

(ii) Preventive Lifting of Banking Secrecy

A key innovation is the flexibility granted to judges to access banking information preemptively, including bank statements.

This measure aims to stop the depletion of bank accounts before court orders are enforced, to ensure effective asset preservation. It strengthens the fight against asset concealment, improving the enforcement of freezing orders.

(iii) Speed, Security, and Interoperability

The regulation prioritizes system integration and data protection within Sisbajud, enhancing both speed and reliability. The goal is to enhance efficiency in executing court orders, reduce the time required for freezing assets and conducting analyses, and ensure the privacy and security of all parties involved.

(iv) Advancing the Fight Against Asset Fraud

These changes strengthen transparency and justice, broadening the Judiciary’s ability to combat asset shielding and concealment, such as identifying hidden assets or financial relationships that were previously difficult to trace. The new Sisbajud positions itself as a more robust system, aligned with modern demands for speed and security.

The Judiciary thus reaffirms its commitment to justice and the effective enforcement of court decisions.

Glossary:

CNJ (National Justice Council) – judicial oversight body in Brazil responsible for improving the efficiency and transparency of the Judiciary.

Sisbajud (Judiciary’s Asset Search System) – system used by the Brazilian Judiciary to identify, freeze, and monitor assets linked to individuals or entities involved in judicial proceedings.

CPF (Brazilian Individual Taxpayer Registry) – unique identification number assigned to individuals by the Brazilian Federal Revenue Service for tax purposes.

Ordinance – type of administrative regulation issued by public authorities to provide guidance or implement laws.

Front Persons – individuals used to conceal true ownership or control of assets, often for fraudulent purposes.

Interoperability – the ability of different systems or organizations to work together seamlessly, sharing and using information effectively.