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 […]
STJ delimits deadline for filing claims in bankruptcies decreed before Law 14.112/2020
The Third Panel of the Superior Court of Justice (“STJ”) has ruled that, for bankruptcies decreed before Law 14.112/2020 came into force, the three-year period for filing claims must be counted from the date the new law comes into force. Thus, the deadline for filing claims in bankruptcies prior to the change in the law […]
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, […]
