Overview

• Dias Toffoli reversed his earlier stance and declared unconstitutional the Marco Legal das Garantias provision that empowered Detrans to carry out extrajudicial enforcement of vehicle liens.
• Toffoli aligned with a divergence opened by Justice Flávio Dino and stated that only notary offices, which are regulated and overseen by the CNJ, should conduct such procedures.
• Justice Cristiano Zanin has voted with Toffoli so far, and the virtual plenary review of the related cases is scheduled to run until October 17.
• The National Association of Detrans argued the exclusion weakens the federal pact, raises costs for citizens, and overlooks the auditability of Detran actions.
• Acrefi said Detrans’ role supports the dejudicialization of auto credit, reduces litigation and costs, and it will continue as amicus curiae defending Detran competence.