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 […]
Law passed ensuring equal pay for men and women in the same job and amending the CLT
Equal pay and the remuneration criteria applicable to men and women who perform the same job or a job of equal value is the subject of law no. 14.611/23, which was passed earlier this month on July 3, 2023 and amends the Consolidation of Labor Laws – CLT. Although considered and provided for in the […]
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 […]
National Treasury Attorney General’s Office opens new possibility to negotiate debts registered as active federal debt
A new transaction option for federal debts registered as overdue liabilities came into force this June under PGDAU Notice 03/2023 and runs until September 29, 2023. It will be possible to include debts registered as an active debt of the Union whose consolidated value is equal to or less than R$ 50,000,000.00 (fifty million reais), […]
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 […]
The possible refund of ITBI calculated on the property’s market value
The Superior Court of Justice, under the rite of repetitive special appeals (Theme 1.113), established three theses regarding the calculation of Real Estate Transfer Tax (ITBI) in purchase and sale transactions. The decision put an end to a long-standing discussion on how the tax should be levied, especially since the amount stipulated by the municipalities […]
STF rules that employers can fire employees without just cause
The plenary session of the Federal Supreme Court (STF) validated the 1996 presidential decree that withdrew Brazil from ILO (World Labor Organization) Convention 158, which prohibits dismissals without just cause in adhering countries. The trial of the Direct Action of Unconstitutionality (ADI) 1625, which questioned the presidential veto, was prolonged for 26 years in the […]
Court recognizes right to use PIS and COFINS credits on LGPD expenses
In a recent and groundbreaking decision, the Federal Regional Court of the 2nd Region recognized, in an unprecedented way, the possibility of a company (focused on the technology sector and digital means of payment) taking advantage of PIS/COFINS credits on expenses to meet the requirements of the General Data Protection Law (LGPD). The decision of […]
We are once again among the most admired offices in the interior of São Paulo
Marcos Martins Advogados has once again been recognized by the Análise Advocacia Regional Ranking as one of the most admired law firms in the interior of São Paulo. The publication is part of the Análise Advocacia yearbook and aims to recognize the most outstanding law firms in each Brazilian region, according to the scope of […]
