STF agrees on attachment of guarantor’s family assets in commercial lease agreement
Tatiane Bagagí FariaLawyer at Marcos Martins Advogados The Federal Supreme Court, by a majority of votes, ruled that the attachment of a guarantor’s family assets in a lease agreement for commercial property is constitutional, dismissing the view that only in residential leases would it be possible to attach the guarantor’s only asset. In the recent […]
Marcos Martins Advogados announces new head of Civil Litigation
We are pleased to announce the arrival of Ana Júlia Moraes, as the new leader of the office’s Civil Litigation team. Ana Júlia has extensive experience in dispute resolution, representing Brazilian and foreign companies in highly complex litigation, in addition to international arbitration proceedings. With more than 20 years of experience, the lawyer also has […]
STJ defines five-year statute of limitations for action to collect a bank credit bill
Beatriz Benedete CardosoLawyer at Marcos Martins Advogados The Third Panel of the Superior Court of Justice (STJ), in the judgment of RESP 1.940.996/SP, reported by Justice Ricardo Villas Bôas Cueva, established a limitation period of five years for collection, via a monitory action, of a debt based on a bank credit bill, under the terms […]
Small companies get differentiated regime for the obligations of the General Data Protection Law – LGPD
Alessandra R. Noronha GomesLawyer at Marcos Martins Advogados From now on, small businesses and entrepreneurs will benefit in terms of the procedures required to comply with the LGPD, through exemptions and easing of some obligations. The National Data Protection Agency (ANPD) has regulated legislation to apply the LGPD to small companies, which in the law […]
STJ reaffirms the court’s case law on the appropriateness of arbitration against a company in judicial reorganization
Terceira Turma do Superior Tribunal de Justiça (STJ), no julgamento do RESP 1.953.212/RJ, de relatoria da Ministra Nancy Andrighi, reforçou a jurisprudência da Corte sobre o cabimento de arbitragem contra empresas em Recuperação Judicial,.
Possession repossessions against families are suspended in the pandemic
Em julho deste ano, o Supremo Tribunal Federal (STF), no julgamento da ADPF 828, determinou a suspensão de ordens ou medidas de desocupação de áreas que estivessem habitadas em data anterior à 20 de março de 2020, quando foi aprovado o estado de calamidade pública em razão da pandemia do COVID-19.
Case law: application of the Price Table in real estate purchase contracts
Em decisão monocrática no Recurso Especial nº 951.894/DF, a ministra do Superior Tribunal de Justiça (STJ), Maria Isabel Gallotti, afastou a presunção de ilegalidade da Tabela Price aplicada na atualização das parcelas de financiamento imobiliário.
STJ special court resumes judgment on the application of the Selic rate to civil debts
Beatriz Benedete CardosoLawyer at Marcos Martins Advogados Last week, the 4th Panel of the Superior Court of Justice (STJ) resumed the judgment of RESP No. 1.731.193/SP to define whether or not the Selic rate is applicable to civil debts, with regard to civil liability for contractual and non-contractual damages. The discussion arose from the interpretation […]
The possibility of disposing of assets by a company in out-of-court reorganization
Mário ConfortiLawyer at Marcos Martins Advogados Camila Asha Champam de LacerdaLawyer at Marcos Martins Advogados Recently, Law No. 11.101/05, which deals with Bankruptcy, Judicial Reorganization and Out-of-Court Reorganization, was reformed by Law No. 14.122/20, bringing relevant changes regarding the sale of Isolated Production Units (“UPIs”), a procedure frequently used in Judicial Reorganization proceedings due to […]
Law 14.195/21: Intercurrent prescription and the importance of prior research by the creditor
Vanessa Salem EidLawyer at Marcos Martins Advogados The judicial enforcement process has been constantly updated with the application of new technologies, such as new means of locating debtors’ assets. The law and technology, when they go hand in hand, increase the chances of satisfying the credit sought by the creditor. Among some of the most […]
