Murillo Gutier | murillo@gutier.adv.br
Abstract
This article analyzes Law No. 14,711/2023, known as the Legal Framework for Guarantees (Marco Legal das Garantias) in Brazil. The statute reorganizes the rules on the treatment of credit and creates out-of-court paths for creditors to recover what is owed to them, without depending exclusively on the Judiciary. The study examines the improvement of guarantee rules (fiduciary alienation of real estate, mortgage, guarantee agent), out-of-court foreclosure (summons, consolidation, auction), debtor protections (right of preference, surplus, residual debt) as well as the competition of creditors and the prior negotiated settlement before protest. Additionally, the expanded notarial powers and the STF precedents on out-of-court enforcement procedures are systematized.
Keywords: Marco Legal das Garantias. Law No. 14,711/2023. Fiduciary alienation. Mortgage. Out-of-court foreclosure. Creditor protection. Debtor protection. Enforcement procedure. Guarantee agent. Notarial powers. STF precedents.
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THE LEGAL FRAMEWORK FOR GUARANTEES IN BRAZIL - Murillo Gutier (3 downloads )