Extending impeniability: STJ recognizes protection for other financial assets
In a recent decision (REsp n. 1.677.144-RS.), the Superior Court of Justice (STJ) broadened its understanding of the unseizability of amounts deposited in checking accounts and other financial investments. The case in question brought up a crucial discussion on the interpretation of article 833, X, of the Code of Civil Procedure, which specifies the unseizability […]
Casas Bahia shares soar after company announces debt recovery agreement
Casas Bahia has announced an agreement with its main creditors for an out-of-court reorganization. This move comes against a backdrop of financial difficulties faced by retail companies. Americanas, for example, has also filed a lawsuit to try to restructure a debt of 40 billion reais. In an interview with Rádio CBN, Leonardo Ribeiro Dias, head […]
Attachment of debtors’ business income: consolidation of the STJ’s understanding
The First Section of the Superior Court of Justice (STJ), in a recent ruling on Repetitive Appeals (REsp 1.666.542, REsp 1.835.864 and REsp 1.835.865), settled any disagreements regarding the appropriateness, application and extent of the attachment of debtors’ business income. According to Justice Herman Benjamin’s opinion, since the 1973 reform of the Code of Civil […]
Challenges and prospects for rural producers: a significant increase in requests for judicial recovery
What factors can lead rural producers to file for judicial reorganization? According to Leonardo Ribeiro Dias, head of our Litigation, Arbitration and Insolvency department, external factors such as El Niño have caused damage to crops in terms of productivity, as well as generating variations in commodity prices and selectivity in the availability of credit. However, […]
STJ decides that Brazilian courts have jurisdiction to hear motions to stay enforcement of foreign titles
The 4th Panel of the Superior Court of Justice (STJ), in a unanimous vote, upheld the special appeal filed by a debtor of a foreign extrajudicial enforcement order and determined that the Brazilian courts have jurisdiction to rule on the execution motions filed by the debtor. In the case in question, a foreign enforcement action […]
STJ recognizes that summons delivered to condominium doorman is not always valid
The 3rd Panel of the Superior Court of Justice (STJ), in a recent ruling – REsp 2.069.123/SP (2023/0143738-6) – recognized the relativity of the presumption of validity of the summons delivered to the concierge of a building condominium, even if without reservations, dismissing the understanding that defended its absolute nature. Art. 248, §4 of the […]
Legal certainty for debtors: STJ decides that the value of the cause in a monitory action can be changed until the payment order is issued
In a recent decision (REsp n. 2.038.384), the 3rd Panel of the Superior Court of Justice made it possible to change the value of the cause in a monitory action until the warrant for payment has been issued. A monitory action is an action in which one party does not have an enforceable title, but […]
Dia announces judicial reorganization: what will happen to the company in Brazil?
What will happen to the Dia supermarket chain following the announcement that it has filed for judicial reorganization? The decision comes after the chain announced the closure of 343 supermarkets and three distribution centers in the country. The expected turnover for 2024 should be 2.5 billion, a considerable reduction compared to the R$3.9 billion of […]
Selic rate for updating judicial indemnities: everything right and nothing solved!
Since 2021, there have been many requests for review and interruptions in the judgment of REsp n. 1.795.982/SP, which will define under the general repercussion regime (binding decision for all courts in the country) whether civil debts should be updated using the Selic Rate or monetary correction and interest of 1% per month. On March […]
STJ ruling: property owner not liable for condominium debt prior to adverse possession
In a recent decision (REsp n. 2.051.106/SP), the 3rd Panel of the STJ reaffirmed the position of the São Paulo State Court of Justice, which had dismissed an attachment for the enforcement of condominium debts on a property that had been usurped. The case in question began with an enforcement action brought by a condominium […]
