Legal analysis of the risks inherent to the bailiff in Brazil
Analysing the risks inherent in the job of bailiff in Brazil and its current legal treatment
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It is notorious that the bailiffs, for years on end, have sought a productive, continuous and necessary dialogue about urgent measures to mitigate the high risk that the exercise of their legal attributions represents. This fact does not require excessive digression, given the notoriety of the danger posed by the unpredictability of the behaviour of the party to whom the court order is addressed, and it is certain that, regardless of the reaction of the court, the bailiff has a duty to comply with court orders, but at the same time needs effective security instruments and mechanisms to enable ...
It is notorious that the bailiffs, for years on end, have sought a productive, continuous and necessary dialogue about urgent measures to mitigate the high risk that the exercise of their legal attributions represents. This fact does not require excessive digression, given the notoriety of the danger posed by the unpredictability of the behaviour of the party to whom the court order is addressed, and it is certain that, regardless of the reaction of the court, the bailiff has a duty to comply with court orders, but at the same time needs effective security instruments and mechanisms to enable the effective fulfilment of his duty. There are many cases of homicide, robbery, aggression, threats and other types of violence that these agents have suffered while carrying out their duties, especially when executing court orders and judgements, since most of the time, the recipient of the court order must allow it to be complied with, even if in a coercive manner. Because of this, it is not unreasonable to say that the simplest task carried out by the bailiff involves flagrant risk and puts them in an obvious situation of danger.
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