Forms of Usucaption
By: Vitor Antony Ferrari, Ivan Kubala Usucapion is the original form of obtaining property, since there is no legal link between the former owner and the new one. It involves obtaining property, usually real estate, as a result of the time in which it was occupied in a quiet and peaceful manner, and there may be a just title, such as a […]
How to start a Judicial Recovery?
By: Vitor Antony Ferrari, Antonio Mazzucco and Ivan Kubala As is known, Judicial Recovery is a judicial procedure that, since 2005, has the objective of helping companies overcome their economic crises, maintain the jobs of their employees and collaborators, as well as continue generating wealth, taking advantage of an orderly renegotiation with […]
The use of “Teimosinha” as a tool for researching debtors’ assets
By: Vitor Antony Ferrari, Ivan Kubala A decision by the Court of Justice of São Paulo recently circulated in several communication channels authorizing the “teimosinha”, a tool that allows the instant and continuous search of assets in the accounts of debtors, whether individuals or legal entities, until the full satisfaction of the credit. The aforementioned positioning […]
Who can apply for Judicial Recovery?
By: Vitor Antony Ferrari, Antonio Mazzucco and Ivan Kubala The request for Judicial Recovery is made up of a complex sum of documents, statements and information that require specialized analysis and monitoring in order to obtain the benefits brought by the Law. But who specifically can request a Judicial Recovery after all? The Law that […]
What are the Benefits of Judicial Recovery for a Debtor Company?
By: Vitor Antony Ferrari, Antonio Mazzucco and Ivan Kubala Judicial Recovery, well planned in conjunction with legal professionals with extensive experience in the area, has been a useful, versatile and effective tool for companies facing a temporary financial crisis, especially during a pandemic, to maintain their activities and resume their growth, […]
STF defines the limits of res judicata in tax matters
O Supremo Tribunal Federal (STF) pautou para julgar amanhã (15/12) os limites da coisa julgada em matéria tributária. O tema é um dos mais relevantes na seara tributária e, a depender da decisão que será formada pela Corte, poderá trazer impactos muito relevantes – e até bilionários – aos contribuintes. Nos termos do processo paradigma, […]
Judgments of the Court of Justice of the State of São Paulo containing grounds in the LGPD
By: Leonardo Neri We have collected some court decisions from the Court of Justice of the State of São Paulo containing grounds in the LGPD. The following stand out: The 34th Private Law Chamber exempted Eletropaulo from compensating a customer for a data leak. The judge emphasized that the company was not at fault for the episode, which occurred due to the action of […]
Provisional Compliance with the Judicial Recovery Plan. Is it possible?
By: Vitor Antony Ferrari, Ivan Kubala Despite being an important tool for overcoming a temporary economic and financial crisis, judicial recovery is only achieved with a lot of effort and dedication by the companies that use this instrument, which go through a long path of negotiations, planning, projections, in short, full of obstacles to achieve such a […]
Are you a creditor in a Judicial Recovery? Find out what to do.
By: Vitor Ferrari and Ivan Kubala Judicial Recovery is a judicial procedure that has become increasingly common and helps companies overcome their economic crises, with an orderly renegotiation with creditors that is summarized in a Judicial Recovery Plan. However, what should be done when a […]
Self-bankruptcy
By: Vitor Antony Ferrari, Ivan Kubala If there is no possibility of maintaining a business activity, bankruptcy ends up being the judicial procedure for the immediate liquidation of the debtor, with the objective of reallocating any assets of the bankrupt company to other production chains. With the amendment of Law No. 11,101/05, the Brazilian bankruptcy procedure was abruptly modified, […]
