The 3rd Panel of the Superior Court of Justice (STJ), ruling on Special Appeal (REsp) 2.171.089, decided that eviction proceedings for non-payment of rent are not subject to the suspension provided for by the Judicial Reorganization and Bankruptcy Law (Law 11.101/2005).
The unanimous decision, in favor of a shopping mall in Brasilia, authorizes the resumption of eviction proceedings against a cafeteria unit undergoing judicial reorganization.
Understanding of the relator
The appeal was lodged after the Federal District Court ordered the suspension of the eviction proceedings as a result of the approval of the cafeteria’s judicial reorganization. The lower court had based its decision on the principle of preserving the company, arguing that eviction would jeopardize the company’s activities.
However, Justice Ricardo Villas Bôas Cueva, the rapporteur of the case, did not agree with this interpretation. He stated that the jurisdiction to judge eviction actions for non-payment lies with the court of the eviction action itself, and not the court of the judicial reorganization. He also pointed out that rent debts are not covered by judicial reorganization, as the rented property is not part of the assets of the company under reorganization.
Deadlines and exceptions of lhe Judicial Reorganization Law
The rapporteur also clarified that article 6 of Law 11.101/2005 provides for the suspension of actions against the company for 180 days from the approval of the judicial reorganization. However, in the case in question, this period had already expired. In addition, the rents due after the request for judicial reorganization were still in default.
In addition, the rapporteur emphasized that the eviction action is not among the exceptions provided for in article 49, paragraph 3, of the aforementioned law, which deals with the suspension of executions related to the debtor’s obligations.
Impacts of decision
This decision reinforces the applicability of the rules laid down in the Judicial Reorganization and Bankruptcy Law and clarifies the scope of its exceptions, especially with regard to the suspension of actions relating to the payment of rents during the judicial reorganization process.
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