Non-Prosecution Agreement: STF opts for retroactivity
The Federal Supreme Court (STF) has ruled that the Non-Prosecution Agreement (ANPP) can be applied retroactively, i.e. in cases that have not yet been definitively convicted This means that cases in progress before the institute was created can benefit from this measure. What is the Non-Prosecution Agreement? The Non-Prosecution Agreement is a decriminalization mechanism, formalized […]
Is e-mail notification valid for consumer denial?
Is e-mail notification valid? In a recent decision, the 3rd Panel of the Superior Court of Justice (STJ) recognized the validity of notifying consumers by electronic means, such as SMS, e-mail or cell phone applications, for the purposes of registering them in credit protection registers. This understanding was consolidated in the judgment of REsp 2.092.539/RS, […]
Untimeliness of appeal is ruled out when the court system gives the wrong deadline
The 3rd Panel of the Superior Court of Justice (STJ) decided to rule out the untimeliness of an appeal, caused by the erroneous indication of the deadline in the electronic system of the Minas Gerais State Court of Justice (TJ/MG). As decided by the collegiate body, in these situations, recognizing the timeliness of the appeal […]
It is not possible to cumulate isolated and ex-officio fines, decides STJ
The 2nd Panel of the Superior Court of Justice (STJ), in a unanimous decision, established an important precedent by determining that the cumulation of isolated fines with ex-officio fines is not admissible.Justice Sérgio Kukina’s vote, which was based on precedents from the STJ itself, was decisive in resolving the case (REsp nº 1708819/RS). The appeal […]
STJ authorizes attachment of shares of debtor company in Judicial Reorganization
In a recent decision[1], the 3rd Panel of the Superior Court of Justice ruled that the creditor can seize shares of the debtor that are part of the share capital of a company undergoing judicial reorganization, given that the change in assets does not imply a reduction in the assets of the company being reorganized. […]
STJ decides that credit not qualified in RJ is subject to monetary restatement limit:
The 3rd Panel of the Superior Court of Justice, in a recent decision[1], held that although creditor qualification in judicial reorganization is not mandatory, unqualified claims are subject to a monetary restatement limit. The new jurisprudential understanding of Art. 9, item II of the Judicial Reorganization and Bankruptcy Law (Law No. 11.101/2005) stipulates that creditors’ […]
Condominium credit is only extraconcursal if it comes after reorganization, STJ decides
In a recent decision[1], the 3rd Panel of the Superior Court of Justice unanimously ruled that claims for condominium debts prior to the filing for judicial reorganization are concurrent and must be paid under the terms defined in the judicial reorganization. In other words, Justice Marco Aurélio Bellize ruled that “condominium debts are included in […]
Updating of judicial reorganization credits may have criteria that differ from the law
In a judgment on a Special Appeal[1] by a company undergoing judicial reorganization, the 3rd Panel of the Superior Court of Justice (STJ) ruled that the general meeting of creditors is free to establish a criterion for updating claims other than that provided for in article 9, II, of Law 11.101/2005, provided that it does […]
CARF decision authorizes taxpayer to take PIS/COFINS credits on packaging materials
Packaging that preserves the physical integrity of the product is part of the taxpayer’s production chain. This was the argument accepted by the 3rd Panel of the Higher Chamber of CARF (Administrative Council for Tax Appeals). In a decision , CARF allowed the use of PIS/COFINS credits on packaging material, stating that the wrappings were […]
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 […]
