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 […]
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 […]
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 […]
STJ recognizes legal validity of electronic signatures not accredited by ICP-Brasil
In a recent ruling in Special Appeal 2.159.442/PR, it was decided that the use of an electronic signature certifiedby ICP-Brasil (Brazilian Public Key Infrastructure) by a private legal entity is not mandatory in order to give legal validity and probative force to documents signed in this way. The Reporting Justice, Nancy Andrighi, pointed out that […]
Unregistered plot purchase agreement is null and void – STJ
In a recent decision, the 3rd Panel of the Superior Court of Justice (STJ) established that the purchase and sale contract between private individuals of a plot that has not been regularly registered is null and void, regardless of whether the buyer is aware of these irregularities. Understand the case. Buyer takes legal action In […]
Why is out-of-court reorganization still underused in Brazil?
In recent years, Brazil has seen a significant increase in the number of judicial recoveries. According to data from Serasa Experian, the growth was almost 70% last year and 71% in the first half of 2024 alone, compared to the same period in 2023. This phenomenon can be explained by several factors, ranging from the […]
Impossibility of seizing stock options: what the STJ says
In a unanimous vote, the 3rd Panel of the Superior Court of Justice recognized the impossibility of seizing stock options due to the very personal nature of the right to purchase company shares. But what are stock options? Stock options consist of an option plan to buy shares in a company offered to employees as […]
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 […]
