Questão jurídica principal
Whether a written lease agreement also constitutes a title for provisional legal opening for the landlord's lien right.
Decisão extraída
Yes. The recognition of the lien right may be regarded as implicitly contained in the written lease agreement, so provisional legal opening is available for the lien right as well.
Fundamentação extraída
The court followed the view that denying this would force the landlord to remove the objection to the lien only through ordinary proceedings, whereas legal opening is the more direct remedy. The debtor's protection is not reduced because the action to contest the lien right remains available.