Post-mortem stable union: STJ defines jurisdiction for recognition action
The 3rd Panel of the Superior Court of Justice (STJ) has ruled that actions for recognition of a stable union brought against the estate or heirs of a deceased partner, in the absence of incapacitated children, must be heard in the court corresponding to the couple’s last common domicile. This understanding follows the provisions of […]
Eviction action for non-payment of rent: STJ decides that Judicial Recovery does not interfere
The 3rd Panel of the Superior Court of Justice (STJ), ruling on Special Appeal (REsp) 2.171.089, decided that eviction proceedings for non-payment of rent are not subject to the suspension provided for by the Judicial Reorganization and Bankruptcy Law (Law 11.101/2005). The unanimous decision, in favor of a shopping mall in Brasilia, authorizes the resumption […]
Fraud against creditors allows seizure of family property
The Superior Court of Justice (STJ) unanimously ruled that a property used as a family home can be seized if there is evidence of fraud against creditors, even without formal registration of the mortgage. The 3rd Panel of the STJ, chaired by Justice Nancy Andrighi, analyzed a case in which the debtor offered his property […]
Emanuela Fattori
Collective judgment: protection guaranteed by the STJ
In a recent decision, the 1st Section of the Superior Court of Justice (STJ) established the understanding that the extinction of the enforcement of a collective judgment, due to intercurrent prescription, does not prevent the individual enforcement of the same judicial title. In other words, even if the enforcement of a collective judgment is terminated, […]
