Questão jurídica principal
Whether the bank replaced the debtor as party in the pending lawsuit after assignment for collection under Art. 131 al. 2 LP
Decisão extraída
Yes. The creditors authorized to collect the seized claims acquired procedural standing to conduct the lawsuit in their own name, so the debtor was automatically replaced as plaintiff.
Fundamentação extraída
By analogy to Art. 260 LP, the collection mandate under Art. 131 al. 2 LP transfers the procedural right to sue, not ownership of the claim. Therefore the original claimant loses the power to dispose of the claim in the pending action, and substitution occurs by operation of federal law.