The ticking time bomb of the statute of limitations
A change in the wording of art. 921 of the Code of Civil Procedure (“CPC”), resulting from Law 14.195/2021, may be putting enforcement and enforcement of judgments in Brazil at a critical crossroads. There is an imminent risk that, as of 2026, all stagnant proceedings backed by debts based on public or private instruments, or […]
Is e-mail notification valid for consumer denial?
Is e-mail notification valid? In a recent decision, the 3rd Panel of the Superior Court of Justice (STJ) recognized the validity of notifying consumers by electronic means, such as SMS, e-mail or cell phone applications, for the purposes of registering them in credit protection registers. This understanding was consolidated in the judgment of REsp 2.092.539/RS, […]
STJ authorizes seizure of family assets to pay retirement debts
In a recent ruling (REsp 2.082.860 – RS), the 3rd Panel of the Superior Court of Justice (STJ) decided that the exception to the unseizability of family property also applies to debts incurred for the renovation of the property itself, demonstrating the adaptability of the law to the circumstances of each case. In the case […]
Thiago Rezende
Attachment of debtors’ business income: consolidation of the STJ’s understanding
The First Section of the Superior Court of Justice (STJ), in a recent ruling on Repetitive Appeals (REsp 1.666.542, REsp 1.835.864 and REsp 1.835.865), settled any disagreements regarding the appropriateness, application and extent of the attachment of debtors’ business income. According to Justice Herman Benjamin’s opinion, since the 1973 reform of the Code of Civil […]
Bank deposits of legal entities can be seized, STJ decides
In a recent decision, the 3rd Panel of the Superior Court of Justice (STJ) reaffirmed the understanding that bank deposits in the name of legal entities, which operate for business purposes, are not protected by the impeniability provided for in Article 833, X, of the Code of Civil Procedure. Thus, the STJ reinforced that, in […]
In cases of Early Production of Evidence, the right to an adversarial hearing cannot be completely denied
The Third Panel of the Superior Court of Justice (“STJ”), in a recent ruling[1], unanimously decided to annul the effects of the decision handed down in the lower court which ordered, without the right of defense, that an auditing company produce the documentation under its responsibility. In the case analyzed by the collegiate court, the […]
