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 […]
STJ to discuss the adoption of an income limit for granting free justice
In a recent decision, the Special Court of the Superior Court of Justice assigned appeals No. 1.988.686, 1.988.687 and 1.988.697 to evaluate Theme No. 1.178 under the rite of repetitive appeals. The issue deals with the possibility of granting the benefit of free justice by evaluating an objective criterion linked to a certain level of […]
STJ decides that debtors can have part of their salary seized to pay debt
In a recent decision[1], the Special Court of the Superior Court of Justice ruled that, in exceptional cases, it is possible to seize debtors’ salaries to pay non-food debts. In the specific case, the Reporting Justice, João Otávio de Noronha, determined that the amount necessary for the debtor to finance his living costs should be […]
Effects of the judicial deposit: STJ change causes insecurity and uncertainty
Haroldo Malheiros Duclerc VerçosaConsultant at Marcos Martins Advogados The judiciary has often been accused of causing uncertainty and legal insecurity in the functioning of the business market, triggering negative externalities and second-order effects. The case below is proof of this assertion. The matter falls under Theme 677, and the following question has been submitted for […]
STJ revises understanding and worsens the situation of debtors in enforcement proceedings
Ana Júlia Moraes and Davi GonçalvesLawyers from Marcos Martins Advogados In a session held on October 19, 2022, the Special Court of the STJ concluded the judgment of the Incident of Review of Theme 677 by deciding, by a majority of votes, that the debtor who chooses to judicially discuss amounts charged in execution of […]
Leasing: STJ considers repossession action in foreclosure when the asset is not located
Davi GonçalvesLawyer at Marcos Martins Advogados The law has always allowed Fiduciary Leasing to convert the search and seizure request into an execution when the asset was not found, all for the simple reason that the financial institution had already paid off the asset. On the other hand, considering that leasing is a lease with […]
Superior Court of Justice rejects National Treasury’s request for online seizure before summons
Isabela Magalhães RodriguesLawyer at Marcos Martins Advogados Recently, in a unanimous decision handed down by the Superior Court of Justice (STJ), taxpayers won an important victory in a decision that rejected the National Treasury ‘s request for online seizure prior to service of process. The ban on blocking actions via SISBAJUD, known as “stubbornness”, before […]
The right to claim nullity in a challenge to compliance with a judgment expires in 90 days
Rubens CarnelosLawyer at Marcos Martins Advogados The arbitral award may be challenged by filing an action for annulment, as provided for in article 32 of Law 9.307/96, or, if judicial enforcement of the arbitral award is already underway, by challenging its enforcement, under the terms of article 525 of the CPC. As the filing of […]
Possibility of reducing ICMS on electricity bills
O STJ deve julgar ainda neste ano a tese que discute a exclusão das tarifas de TUST e TUSD da base de cálculo do ICMS incidente nas faturas de energia elétrica.
STJ: Denunciation of lede to guarantor of counter-guarantee contract inadmissible
Vitor José Ferreira do CoutoLawyer at Marcos Martins Advogados In a recent ruling, the Superior Court of Justice decided that it is not possible to directly denounce guarantors in counter-guarantee contracts in which the insurer has a contract with another insurer. In this specific case, the Third Panel of the STJ, in the judgment of […]
