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 […]
Bill provides for changes to the Arbitration Law
Ana Júlia MoraesLawyer at Marcos Martins Advogados Bill 3.293/21, which aims to amend the Arbitration Law, in force since 1996, is currently before the Chamber of Deputies. If approved as proposed, the confidentiality of decisions and the autonomy of the parties in choosing arbitrators could be compromised, especially in relation to the rules in force […]
Arbitration: conflict resolution mechanism in cases of judicial reorganization or bankruptcy
Alessandra R. Noronha GomesLawyer at Marcos Martins Advogados The granting of judicial reorganization does not have the power to alter the jurisdiction for judging and the nature of the claim that seeks recognition and quantification in arbitration proceedings. The Superior Court of Justice, by ruling on Special Appeal 1.953.212/RJ, determined that lawsuits filed against companies […]
Arbitration – The principle of broad access does not apply to arbitration proceedings
Vanessa Salem EidLawyer at Marcos Martins Advogados Arbitration proceedings, just like judicial proceedings, are governed by some fundamental principles that serve as the basis for the Arbitration Law itself (Law No. 9.307/96), including the adversarial process; the equality of the parties; the impartiality of the arbitrator and his free will, as well as the fundamental […]
The right to claim nullity in a challenge to compliance with a judgment expires in 90 days
Rubens CarnelosLawyer at Marcos Martins Advogados The arbitral award may be challenged by filing an action for annulment, as provided for in article 32 of Law 9.307/96, or, if judicial enforcement of the arbitral award is already underway, by challenging its enforcement, under the terms of article 525 of the CPC. As the filing of […]
