Litigation 5e695m
Interlocutory appeal or appeal? Filing of appeals in the execution and enforcement of judgment phase 5c6d6g
The Supreme Court of Justice (STJ) recently took a position on a controversial subject that is the subject of doubts and uncertainties: whether the appropriate appeal against decisions rendered with respect to execution and enforcement of judgment is an interlocutory appeal or an appeal.
Constitutional Amendment No. 99/17: alternatives to the lack of credit of the Federal Government to pay ed warrants (precatórios) of states, the Federal District, and municipalities 317165
Among the significant changes in the framework of ed warrants (precatórios) promoted by Constitutional Amendment No. 99, of December 14, 2017, the fourth paragraph of article 101 of the Transitory Constitutional Provisions Act (ADCT) stands out, which gives the Federal Government the duty to make available to the states, the Federal District, and municipalities, as well as to their instrumentalities, foundations, and state-owned companies a special credit line for payment of ed warrants submitted to the new special payment system, that is, ed warrants due on March 25, 2015, and those that expire by December 31, 2024, the deadline to settle all these ed warrants.
STJ gives first outlines on the application of atypical coercive measures to ensure fulfillment of execution 6c3n5z
The new Code of Civil Procedure (C) brought in several innovations aimed at ensuring greater effectiveness and speed in proceedings. Among them, article 139, item IV, of the C confers on the magistrate the power to "determine all inducive, coercive, mandamus, or subrogatory measures necessary to ensure compliance with a judicial order, including in actions that have as their subject matter a money payment", thus authorizing the application of atypical measures to ensure fulfillment of obligations.
Procedural legal business and court reorganization 103t32
The new Code of Civil Procedure (C) prizes the parties' autonomy of will and values conciliation and the institution of a cooperative procedural model, principles embodied in the institute of procedural legal business (article 190). Fully capable parties may directly influence and participate in proceedings involving rights that it self-resolution, with a provision regarding settlements on procedural encumbrances, powers, prerogatives, and duties.
The duty of cooperation between retailer and manufacturer 2e2v3k
The decision issued by the Superior Court of Justice (STJ) relating to Special Appeal No. 1.634.851-RJ presents important definitions regarding the duty of cooperation between retailer and manufacturer in remedying defects in consumer goods.
The statute of limitations in suits relating to public corruption according to the case law of the STF and STJ 366em
The Federal Constitution, in article 37, paragraph 5, provides that the statutory limitations periods for unlawful acts against the Brazilian treasury shall be established by law, except for suits for reimbursement. This caveat itted the emergence of at least three lines of interpretation regarding the absence of any time-bar: it affects any suit for reimbursement to the treasury; it only pertains to suits for reimbursement due to criminal offenses or istrative acts of corruption; or it does not contemplate any kind of action.
Partial dissolution of companies: post-NC controversies 125o4h
A novelty brought in by the New Code of Civil Procedure (NC), the chapter regarding partial dissolution of companies presents some controversies that we propose to analyze in this article, as we point out in summarized form below.
Resolution of conflicts in the port sector: what has changed with Decree no. 8,465/2015? 366345
Because of its economic and strategic relevance to national security, port activity has always been conducted exclusively by the Federal Government through legal and contractual relations, sometimes marked by conflicts, with concessionaires, permit holders, and other companies authorized to perform public services.
It is incumbent on the property owner subject to eminent domain to prove alteration to property in order to prevent abandonment of expropriation y3l5d
The case law of the Superior Court of Justice (STJ) on the issue of the government’s right to withdraw from an eminent domain action during the course of the judicial proceeding has recently changed. The issue is of the utmost importance, since eminent domain represents a form of suppressive intervention by the State in private property, and its reversal has relevant practical and legal effects.
New Brazilian Code of Civil Procedure establishes systematic framework for choice of foreign forum in international contracts 255dv
International transactions, especially those carried out en masse through electronic commerce, and Brazilians’ interactions with foreigners nowadays occur with a similar level of ease as domestic transactions.
Change in procedural rule requires maximum attention to court correspondence 521g62
The 1973 Brazilian Code of Civil Procedure (“1973 C”) adopted as a general rule the service of process via mail, according to article 224, as amended by Law No. 8,710/93. This rule resulted from a change made in the previous system for communicating procedural acts, which provided for service of process through court official.
Production of evidence abroad: international legal cooperation and other instruments 4q6t4i
In April of this year, Brazil ratified the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters. This is one of the main multilateral instruments for international legal cooperation and brings in improvements to the speed and effectiveness of measures to produce evidence abroad. Brazil had signed the Convention in 2008, but its entry into force only occurred with the enactment of Decree-Law No. 9,039, of April 27, 2017.
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