Has the Bankruptcy Law gone bankrupt?
The Business Recovery and Bankruptcy Law (No. 11.101/2005) is under suspicion and investigation due to accusations of corruption involving magistrates, court administrators and lawyers in recovery and bankruptcy proceedings. Investigating cronyism, the Senate plans to review the law in 2025, especially after the recent wave of Federal Police operations that resulted in the removal of […]
Is it possible to include a company in Judicial Reorganization due to recognition of an economic group?
In a recent decision, the 3rd Panel of the Superior Court of Justice (STJ) established that, in exceptional circumstances, the recognition of an economic group allows the judge to include companies in the active party of a Judicial Recovery Action (“RJ”). This decision stems from the Dolly Group‘s RJ, in which the inclusion of the […]
Private law foundations cannot apply for judicial reorganization
In a recent decision1, the Superior Court of Justice (STJ) consolidated the understanding that private law foundations (which are non-profit organizations) do not have legal standing to file for judicial reorganization, under the terms of Law 11.101/2005, which regulates judicial reorganization and bankruptcies. What the Superior Court of Justice says The STJ pointed out that […]
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 […]
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, […]
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 […]
