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 […]
SNIPER: how does this tool increase the effectiveness of credit recovery processes?
Vitor José Ferreira do CoutoLawyer at Marcos Martins Advogados Aware of the fact that Brazil is one of the leaders in filing lawsuits and has one of the most significant workloads in the world, the National Council of Justice, in partnership with the Ministry of Foreign Affairs and the United Nations Development Program, created the […]
STJ revises understanding and worsens the situation of debtors in enforcement proceedings
Ana Júlia Moraes and Davi GonçalvesLawyers from Marcos Martins Advogados In a session held on October 19, 2022, the Special Court of the STJ concluded the judgment of the Incident of Review of Theme 677 by deciding, by a majority of votes, that the debtor who chooses to judicially discuss amounts charged in execution of […]
Leasing: STJ considers repossession action in foreclosure when the asset is not located
Davi GonçalvesLawyer at Marcos Martins Advogados The law has always allowed Fiduciary Leasing to convert the search and seizure request into an execution when the asset was not found, all for the simple reason that the financial institution had already paid off the asset. On the other hand, considering that leasing is a lease with […]
Business Law” Podcast #11 – Impacts of the amendment to the Arbitration Law in Brazil
Another episode of our podcast Direito ao Negócio is on the air, with the topic “Impacts of the change in arbitration law in Brazil” Dr. Ana Julia Moraes, head of the Civil area at Marcos Martins Advogados, comments on the possible changes with the bill and the impacts in Brazil. The Arbitration Law has always […]
Arbitration Law: new bill jeopardizes the speed of proceedings in Brazil
Ana Júlia MoraesLawyer at Marcos Martins Advogados Although not widely used in Brazil, the Arbitration Law has always proved to be an effective alternative for resolving conflicts, eliminating the need for the parties to go to the Judiciary and face a long bureaucratic process. In a new bill, Bill 3.293, discussed in the Chamber of […]
Can a farmer’s future harvest be considered an essential asset in the event of judicial reorganization?
Tatiane FariaLawyer at Marcos Martins Advogados In the majority of cases, the future harvest serves as a stimulus for new planting and is responsible for the rural producer’s capital turnover, making it essential for productive activities, especially for rural entrepreneurs in crisis. In this sense, the legal protection of agricultural production is fundamental for marketing […]
