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 […]
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: statute of limitations on debt prevents collection, but does not impose removal of name from SERASA
Recently, the 3rd Panel of the Superior Court of Justice (STJ) ruled that it is not possible to collect out of court a debt that is time-barred. However, it held that this statute of limitations does not require the debtor to be removed from the “Serasa Limpa Nome” platform. In the case analyzed, the debtor […]
Judgment settlement: amount recognized by the debtor can be demanded immediately
The 4th Panel of the Superior Court of Justice (STJ) ruled that the amount expressly recognized by the debtor during the liquidation of a judgment is considered a net part of the debt (i.e. it is determined precisely, without the need for additional calculations or adjustments) and can be collected even if the remaining balance […]
Impacts of the rejection of the Incident of Disregard of Legal Personality
The 3rd Panel of the Superior Court of Justice (STJ) recently ruled, in REsp 2.123.732/MT (2023/0357456-6), that the decision on a request for disregard of the legal personality (IDPJ) in an enforcement proceeding generates preclusion, preventing a new request from being made with the same justification. The disregard of legal personality allows the private assets […]
STJ allows seizure of parking space only if auction is restricted to condominium owners
The 4th Panel of the STJ ruled that it is possible to seize a parking space, as long as the auction is limited to the condominium owners. The decision was made in Special Appeal No. 2.095.402/SC (2023/0321657-1). Justice Antonio Carlos Ferreira, Rapporteur of the case, analyzed the prohibition laid down in paragraph 1 of article […]
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 […]
STJ annuls execution of confession of debt in factoring contract: understand the implications and the importance of contractual transparency
In a recent decision (REsp 2.106.765- CE ), the Superior Court of Justice (STJ) annulled the execution of a debt confession instrument linked to a commercial development contract (factoring). Factoring, also known as faturization or fomento mercantil, can be described, in a simplified way, as a commercial transaction through which a certain company (faturizadora) acquires […]
Casa do Pão de Queijo: how the coffee and snack chain went into receivership
With a debt of over R$110 million, Casa do Pão de Queijo recently filed for judicial reorganization. The search for judicial protection has included appeals to energy utility companies not to cut off the supply, as well as to landlords not to terminate rent contracts in arrears. In an article published by Bloomberg Línea, Leonardo […]
Odebrecht, Americanas and others: understand the reasons for the recurrent requests for judicial reorganization in Brazil
According to data from Serasa, in 2023, the number of requests for judicial reorganization in Brazil rose by 68.7%, with 1,405 companies resorting to the resource. In 2024, from January to May, 837 requests have already been made. In an article published by Terra, Leonardo Ribeiro Dias, head of our Litigation, Arbitration and Insolvency area, […]
