In cases of Early Production of Evidence, the right to an adversarial hearing cannot be completely denied
The Third Panel of the Superior Court of Justice (“STJ”), in a recent ruling[1], unanimously decided to annul the effects of the decision handed down in the lower court which ordered, without the right of defense, that an auditing company produce the documentation under its responsibility. In the case analyzed by the collegiate court, the […]
Electronic contracts are recognized as extrajudicial executive titles
An important legislative change took place on July 14, with the publication of Law No. 14.620/2023, which added paragraph 4 to article 784 of the Code of Civil Procedure (CPC), with the following wording: “In executive titles constituted or attested by electronic means, any form of electronic signature provided for by law is admitted, with […]
Updating of judicial reorganization credits may have criteria that differ from the law
In a judgment on a Special Appeal[1] by a company undergoing judicial reorganization, the 3rd Panel of the Superior Court of Justice (STJ) ruled that the general meeting of creditors is free to establish a criterion for updating claims other than that provided for in article 9, II, of Law 11.101/2005, provided that it does […]
Guarantee insurance is equivalent to cash collateral even if the creditor opposes it
In a recent decision handed down in Special Appeal 2034482/SP, the Superior Court of Justice ratified the possibility of replacing a cash attachment with judicial guarantee insurance in civil enforcement actions, as set out in paragraph 2 of article 835 of the Code of Civil Procedure. In this judgment, the appellant bank opposed the presentation […]
São Paulo court rules that interest rates charged by banks cannot be higher than the market average
This is a topic that always comes up again in times of high SELIC rates. In this scenario, it is common for financial institutions to be challenged in court for an alleged abuse in charging interest. Recently, the São Paulo Court of Justice, through the 20th Chamber of Private Law, consolidated its understanding that banks […]
Superior Court of Justice rules that all defendants must be notified of the property appraiser
In a recent decision, the 3rd Panel of the Superior Court of Justice[1] ruled that all defendants must be notified of the order appointing the expert appraiser of the property being seized, in compliance with Article 465, paragraph 1 of the CPC. The case in question involved an action for enforcement of an extrajudicial title […]
STJ vetoes seizure of family property for condominium debt
In a recent decision[1], the 3rd Panel of the Superior Court of Justice recognized the impossibility of seizing a property for condominium debts because it was sold in trust to Caixa Econômica Federal – CEF, i.e. the Court made an exception to Law 8.009/90, which authorizes the seizure of family property (residential property) for condominium […]
STJ to discuss the adoption of an income limit for granting free justice
In a recent decision, the Special Court of the Superior Court of Justice assigned appeals No. 1.988.686, 1.988.687 and 1.988.697 to evaluate Theme No. 1.178 under the rite of repetitive appeals. The issue deals with the possibility of granting the benefit of free justice by evaluating an objective criterion linked to a certain level of […]
STJ decides that debtors can have part of their salary seized to pay debt
In a recent decision[1], the Special Court of the Superior Court of Justice ruled that, in exceptional cases, it is possible to seize debtors’ salaries to pay non-food debts. In the specific case, the Reporting Justice, João Otávio de Noronha, determined that the amount necessary for the debtor to finance his living costs should be […]
STJ invalidates e-mail notification for purposes of proving unfulfilled obligation
The 3rd Panel of the Superior Court of Justice, in a recent decision[1], held that extrajudicial notification sent to the party’s e-mail address in a fiduciary alienation contract is not valid. The case discussed the validity of the extrajudicial notification sent to the debtor’s e-mail address indicated in the contract for the purposes of proving […]
