Special business districts created in the interior of São Paulo.
By: Vitor Ferrari and Ivan Kubala The Honorable Court of Justice of the State of São Paulo has officially created business and arbitration courts in large cities in the interior of the state, such as Sorocaba, São José do Rio Preto, Campinas and Ribeirão Preto. According to the Court of Justice itself, these courts will have jurisdiction to […]
SNIPER – New Credit Recovery system goes into operation.
By: Rafael Mello, Vitor Ferrari and Ivan Kubala In October 2022, the National System for Asset Investigation and Recovery (“SNIPER”) went into operation and can now be used in a wide range of legal proceedings, especially those aimed at asset recovery. SNIPER was developed by the National Council of Justice (“CNJ”) and aims to […]
Legal and Practical Aspects of Preliminary Injunctions
By: Vitor Antony Ferrari and Ivan Kubala Provided for in Law 11.101 (Business Recovery and Bankruptcy Law) and amended by Law 14.112/20, this measure consists of suspending executions so that the debtor can negotiate with its creditors, avoiding the filing of Judicial Recovery. In this procedure, it is necessary to present documents, and […]
Excessive Noise and Moral Damage
By: Vitor Antony Ferrari, Ivan Kubala Noise coming from neighbors can be very annoying. Therefore, it is understood that, if it is excessive, the disturbance may be grounds for compensation for moral damages. One of the biggest annoyances that people have while they are at home is, without a doubt, noise. This is one of the main reasons that lead […]
What to do when your assets are seized
By: Vitor Antony Ferrari In times of pandemic and in view of the economic volatility experienced in the last two years, it is not uncommon to come across acquaintances, clients and friends who have been suffering due to the crisis, unemployment and possible default in fulfilling various obligations. As a consequence, this default may end up giving rise to lawsuits filed by the injured parties […]
STF decides that the right to be forgotten is incompatible with the Federal Constitution
By: Leonardo Neri In 2013, the Brazilian judicial system recognized for the first time the applicability of the right to be forgotten, in a trial held by the 4th Panel of the Superior Court of Justice, with unanimous decisions on two special appeals filed in a lawsuit filed against Rede Globo de Televisão. Said trial became a […]
PL 1397/2020 is approved in the Chamber of Deputies and goes to the Senate
By Vitor Antony Ferrari – 05/26/2020 Bill 1397/20 was approved in the Chamber of Deputies, which creates rights and modifies the requirements of the Law on Judicial Reorganizations and Bankruptcies, on a temporary basis, for companies in judicial recovery and also to try to prevent other companies in difficulty from having to avail themselves of the remedy […]
São Paulo Court of Justice suspends collection of installments of bank loans and late payment charges
By Leonardo Neri and Barbara Oliveira – 04/16/2020 Rapporteur Roberto Mac Cracken, of the 22nd Private Law Chamber of the Court of Justice of São Paulo, granted, this Wednesday, April 15, the request for preliminary injunction in the appeal instrument no. 2067269-27.2020.8.26.0000, filed by a retail chain of baby items, determining the […]
Legal system regulating appropriate methods of conflict resolution: some news about mediation.
By Fábio Marques It is possible to say that there is a regulatory legal system for appropriate methods of conflict resolution, alternative to judicial methods, composed of the Civil Procedure Code, Law 13.105/15, the Mediation Law (Law 13.140/15) and the Resolution of the National Council of Justice Res CNJ 125/2010. Resolution CNJ 125/2010 was prepared […]
Precautionary and urgent relief granted by the arbitrator in arbitration proceedings
By Fábio Marques A matter of great importance for the parties in any dispute resolution procedure is the issue of preliminary injunctions. In Brazil, it is common for the parties to use preliminary injunctions in dispute resolutions, because these measures either guarantee the practical effects of a decision that is to be […]
