Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 128 CPP – Registration of the kidnapping.

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Art. 128. Once the seizure is carried out, the judge will order its registration in the  Real Estate Registry.

Registration in the Real Estate Registry

Registration with the Land Registry:  Once the kidnapping is completed, the judge issues a warrant to register the kidnapping with RI. Pursuant to  article 239 of the Public Records Law – Law n. 6,015/73, seizures, seizures and seizures of real estate will be registered after the registration costs have been paid by the interested party, in compliance with a warrant or at the sight of the clerk’s certificate, which contains, in addition to the requirements for registration, the names of the judge , the depositary, the parties and the nature of the proceeding. The certificate will be drawn up by the clerk of the deed, with the declaration of the special purpose for which it is intended, after delivery, in the notary, of the writ duly fulfilled. This inscription in the Real Estate Registry aims, ultimately, to alert everyone that the onus of the seizure hangs on the property, and thus, there is a high probability that said asset will be confiscated.


Usurpation of competence: The civil or labor court that practices the expropriation of property seized in the criminal sphere incurs in usurpation of competence ( CC 175.033-GO , Judge Sebastião Reis Júnior, Third Section, unanimously, judged on 05/26/ 2021, DJe 05/31/2021).


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