STJ holds that breach of the arbitrator’s duty to disclose only annuls arbitral award if impartiality is prejudiced
Recently, the 3rd Panel of the STJ decided, by 3 votes to 2, that a breach of the arbitrator’s duty to disclose only annuls an arbitration award if this breach affects the arbitrator’s impartiality. In the case on trial, a medical services company and a doctor, convicted in arbitration proceedings, filed an action to annul […]
Electronic Judicial Domicile: mandatory registration for MEIs, small and micro-enterprises ends in September
Individual micro-entrepreneurs (MEIs), micro-enterprises and small businesses have until September 30 to register with the Electronic Judicial Domicile. This registration is necessary to receive summonses and subpoenas and must be done through the integrated Redesim system – the National Network for Simplifying the Registration and Legalization of Companies and Businesses. Companies that are already registered […]
With mass indebtedness, requests for judicial recovery are on the rise
The number of requests for judicial reorganization in Brazil increased by 80% in the first four months of the year. Bankruptcy filings are also on the rise. According to Serasa, 90 were registered in April, an increase of 69.8% compared to the same month last year. A proposal to reform the Bankruptcy Law is currently […]
Heirs are not personally liable for the deceased’s debts until the inventory has been completed and the assets divided up
Recently, the 3rd Panel of the Superior Court of Justice (STJ), in Special Appeal No. REsp 2.042.040 – SP, handed down a decision of great relevance to heirs in probate proceedings, establishing that they are not personally liable for the deceased’s debts until the probate is concluded and the assets are divided. The decision brings […]
Polishop’s judicial reorganization
Polishop went into judicial reorganization with a declared debt of R$395 million and a loss of more than R$155 million in 2023. One of the demands expressed in the petition was to keep the partners’ private assets secret. In an interview with Bloomberg Línea, Leonardo Ribeiro Dias, head of our Litigation, Arbitration and Insolvency practice, […]
Reform of the Civil Code: change in the valuation of quotas and shares in companies in the division of assets
The bill to reform the Civil Code suggests that the appreciation of shares or equity stakes, when they occur during the marriage, should be taken into account in the division of the couple’s assets, even if the shares were acquired before they were married. However, this suggestion is contrary to the understanding of the Superior […]
Casas Bahia (BHIA3) has a ‘smart’ and ‘persuasive’ strategy
Casas Bahia’s out-of-court reorganization, announced at the end of April, stirred up the market, with investors taking a positive view of the context. The news was read as a “smart” and “persuasive” strategy coming from a company that belongs to one of the most complex sectors of the Brazilian economy, which is retail. In an […]
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 […]
Casas Bahia shares soar after company announces debt recovery agreement
Casas Bahia has announced an agreement with its main creditors for an out-of-court reorganization. This move comes against a backdrop of financial difficulties faced by retail companies. Americanas, for example, has also filed a lawsuit to try to restructure a debt of 40 billion reais. In an interview with Rádio CBN, Leonardo Ribeiro Dias, head […]
Attachment of debtors’ business income: consolidation of the STJ’s understanding
The First Section of the Superior Court of Justice (STJ), in a recent ruling on Repetitive Appeals (REsp 1.666.542, REsp 1.835.864 and REsp 1.835.865), settled any disagreements regarding the appropriateness, application and extent of the attachment of debtors’ business income. According to Justice Herman Benjamin’s opinion, since the 1973 reform of the Code of Civil […]
