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 […]
Is it bankruptcy’s turn?
The article “Is it bankruptcy’s turn?”, written by Leonardo Ribeiro Dias and João Máximo Rodrigues, from our litigation, arbitration and insolvency practice, is featured in Estadão. Three years after the reform of the Reorganization and Bankruptcy Law, the Federal Government intends to implement new changes to the corporate insolvency system, this time focusing on bankruptcy. […]
Is it bankruptcy’s turn?
Three years after the important reform of the Bankruptcy and Reorganization Law, the Federal Government intends to implement new changes to the corporate insolvency system, this time focusing on bankruptcy. This likely update should generate interesting opportunities for the stressed asset market. According to data from Serasa Experian, based on the 12 months to November […]
Judicial reorganization: crop failure causes claims to skyrocket in 2023
Leonardo Ribeiro Dias, head of our litigation, arbitration and insolvency department, was interviewed live on Canal Rural’s Mercado & Cia program, where he discussed the crop failure and the increase in requests for judicial recovery by rural producers. During the conversation with journalist Pryscilla Paiva, Leonardo explained, among other things, how the judicial recovery process […]
After an increase in bankruptcies and judicial reorganizations, bill aims to speed up proceedings
2023 was the year with the 4th highest rate of requests for judicial recoveries in the history of Serasa Experian (which began in 2005) and the highest figure since the beginning of the pandemic. Bankruptcy filings also rose in the period. As both processes take a long time to be resolved in Brazil, the Ministry […]
