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, […]
STJ denies restitution to borrower after failed property auctions
Recently, the 3rd Panel of the Superior Court of Justice (STJ) upheld the decision of the 32nd Chamber of Private Law of the São Paulo State Court of Justice, which did not refund the amounts to the borrower after the loan defaulted, as provided for in Law No. 9.514/97 – the “Fiduciary Alienation Law”. This […]
Judicial debts and sentences gain new parameters for monetary correction and interest rates
Law No. 14.905/24, passed on July 1, 2024, amended the Civil Code to standardize the rules on monetary correction and interest rates in civil, judicial or extrajudicial obligations. Most of these changes will come into force within 60 days of the publication of the new law. In short, the main changes are: These changes resolve […]
Odebrecht files for judicial reorganization with debts of 4.6 billion dollars
Odebrecht’s request for judicial reorganization has been accepted by the courts. The company has debts totaling 4.6 billion dollars. In an interview with Rádio Nova Brasil FM, Leonardo Ribeiro Dias, head of our Litigation, Arbitration and Insolvency practice, said that the expectation is that the group will be able to restructure its debts and obtain […]
STJ holds that breach of the arbitrator’s duty to disclose only annuls arbitral award if impartiality is prejudiced
Recently, the 3rd Panel of the STJ decided, by 3 votes to 2, that a breach of the arbitrator’s duty to disclose only annuls an arbitration award if this breach affects the arbitrator’s impartiality. In the case on trial, a medical services company and a doctor, convicted in arbitration proceedings, filed an action to annul […]
