Carbon credits: Law 15.042/24 represents a new chapter for Brazil
Climate change is no longer an issue for the future. Increasingly frequent natural disasters warn of the urgency of the issue and the whole world is trying to find solutions to at least halt the advance of the evil already produced. Within this context, and combining environmental preservation with the financial market, so-called carbon credits […]
The importance of using the system of precedents for judicial efficiency
The application of precedents in Brazil faces some significant problems. These include the cultural resistance of legal operators and the lack of clarity and objectivity in the reasoning behind precedent-setting decisions. The correct use of the system of precedents can bring significant advances to the efficiency of Brazilian justice. Want to know more? Click here […]
The importance of using the system of precedents for judicial efficiency
The efficiency of Brazilian justice has been a historic challenge. There is an excess of demands overloading the system, causing procedural delays. According to the latest survey carried out by the National Council of Justice (CNJ) and published in the report Justice in Numbers 2024, with data from last year, there are at least 84 […]
Nullity of arbitration clauses in adhesion contracts
Recently, Judge Larissa Gaspar Tunala, of the 1st Business and Arbitration Conflicts Court of the District of São Paulo/SP, annulled the arbitration clause in a lease contract on the Quinto Andar platform on the grounds of the vulnerability of the tenant party and the absence of their consent to the use of arbitration. It has […]
Judicial debts and sentences gain new parameters for monetary correction and interest rates
Law No. 14.905/24, passed on July 1, 2024, amended the Civil Code to standardize the rules on monetary correction and interest rates in civil, judicial or extrajudicial obligations. Most of these changes will come into force within 60 days of the publication of the new law. In short, the main changes are: These changes resolve […]
Heirs are not personally liable for the deceased’s debts until the inventory has been completed and the assets divided up
Recently, the 3rd Panel of the Superior Court of Justice (STJ), in Special Appeal No. REsp 2.042.040 – SP, handed down a decision of great relevance to heirs in probate proceedings, establishing that they are not personally liable for the deceased’s debts until the probate is concluded and the assets are divided. The decision brings […]
João Máximo Rodrigues
Selic rate for updating judicial indemnities: everything right and nothing solved!
Since 2021, there have been many requests for review and interruptions in the judgment of REsp n. 1.795.982/SP, which will define under the general repercussion regime (binding decision for all courts in the country) whether civil debts should be updated using the Selic Rate or monetary correction and interest of 1% per month. On March […]
Is it bankruptcy’s turn?
The article “Is it bankruptcy’s turn?”, written by Leonardo Ribeiro Dias and João Máximo Rodrigues, from our litigation, arbitration and insolvency practice, is featured in Estadão. Three years after the reform of the Reorganization and Bankruptcy Law, the Federal Government intends to implement new changes to the corporate insolvency system, this time focusing on bankruptcy. […]
Is it bankruptcy’s turn?
Three years after the important reform of the Bankruptcy and Reorganization Law, the Federal Government intends to implement new changes to the corporate insolvency system, this time focusing on bankruptcy. This likely update should generate interesting opportunities for the stressed asset market. According to data from Serasa Experian, based on the 12 months to November […]
