Giulia Keese Montanhesi
Lawyer at Marcos Martins Advogados
Law 14.010 of 2020, which establishes the Emergency and Transitional Legal Regime (RJET) for legal relations under private law during the Covid-19 pandemic, was published in the Federal Official Gazette on June 12, 2020. The rule considered 20/03/2020 as the starting date for events arising from the pandemic, and the rule applies to all events subsequent to that date.
Among the changes are:
- Suspension or impediment of the limitation and decay periods provided for in the Civil Code;
- Allows general meetings and condominium meetings to be held electronically;
- Protection of the votes and manifestations of those taking part in meetings as if they were in person;
- Suspension of the right of repentance provided for in the Consumer Protection Code until October 30, 2020, in the case of home delivery (delivery) of perishable products, immediate consumption and medicines;
- Suspension of the acquisition periods for real estate or movable property, in the various types of usucaption until October 30, 2020;
- Extension of liquidator’s terms expiring until October 30, 2020;
- Suspension of certain deadlines in the competitive regime, regarding the sale of goods or services below price, in addition to other infractions;
- Extension of the deadline for opening and concluding inventories and partitions and suspension of deadlines for their completion until October 30, 2020; and
- The conversion of civil imprisonment for maintenance debt to home detention.
The sanctioned version vetoed the provisions that would prevent the granting of an injunction (provisional court decision) in eviction actions and those that would give liquidators the power to restrict the use of common areas and ban parties.
The package of measures, in general, seeks to mitigate the socio-economic consequences of Covid-19, in order to preserve contracts, the rites of business activities and reflections within the Judiciary.
