General discharge clause in an out-of-court agreement: impacts of the labor courts’ understanding
The Labor Reform (Law 13.467/2017) now allows the use of voluntary jurisdiction in the Labor Courts, making it possible to ratify out-of-court agreements between the parties, aimed at settling sums related to the end of the contract between the worker and the company. Voluntary jurisdiction consists of the possibility of settling claims without litigation, i.e. […]
Extending impeniability: STJ recognizes protection for other financial assets
In a recent decision (REsp n. 1.677.144-RS.), the Superior Court of Justice (STJ) broadened its understanding of the unseizability of amounts deposited in checking accounts and other financial investments. The case in question brought up a crucial discussion on the interpretation of article 833, X, of the Code of Civil Procedure, which specifies the unseizability […]
Res judicata: STF denies temporal modulation and exempts taxpayers from punitive fines
The Federal Supreme Court (STF) has upheld the “breaking” of res judicata in tax matters. This means that it has authorized the retroactive collection of taxes not paid in the past by virtue of a final court ruling. The Court also did not accept the motions of companies seeking to modulate the effects of the […]
