Litigation 5e695m
Changes to Law No. 14,112/20 to the Bankruptcy and Reorganization Law: role of the judicial trustee 3s443e
The purpose of the changes is to expand the participation of judicial trustees, which will end up increasing their responsibilities and work.
Atypical enforcement measures of article 139, IV, of the Code of Civil Procedure in the recent case law of the STJ and during the pandemic 4f4t1k
Scrutiny by the Superior Court of Appeals has helped develop a list of parameters to guide the application of these measures. Even so, judges and courts still need to use a high degree of subjectivity to assess the suitability and effectiveness of the atypical constraints requested by creditors. The covid-19 pandemic has added complexity to the topic.
Can the Tax Authority begin to request bankruptcy for businessmen and business companies? 6a6k6z
For the TJ-SP, the Tax Authority can request that debtors enter into bankruptcy in some cases. But the Court's understanding, not yet definitive, may have undesirable legal and economic consequences.
Crisis management and diversity 4c6l1h
Transforming a crisis into an opportunity by managing it effectively, especially from a legal point of view, means reviewing traditional views and practices and welcoming diversity.
1st Working Group of istrative Law approves relevant restatements of law on strategic partnerships between state-owned and private companies 3y68b
Restatements of Law underscore the spirit of innovation, flexibility, and efficiency in the management of government-owned and government-controlled companies, particularly regarding bidding and procurement rules.
The role of business mediation in times of crisis 2t4f13
The traditional method of dispute resolution with the filing of a claim, adversarial process, production of evidence, judgment, and appeal should be the last path to resolving disputes related to the current covid-19 pandemic.
Charging of new levy worsens economic situation of companies in RJ 185q3n
State government decree contradicts OECD recommendations to avoid increased tax levies during the pandemic
Covid-19 and LFR: an analysis of the measures approved by the House in Bill 1,397/20 65j72
Transitional measures that went for consideration in the Senate are expected to remain in effect until December of 2020.
Bill 1,179/2020: private-law relations during the covid-19 crisis 4d3s56
Transitional changes in Brazilian law impact various areas, such as condominium by-laws, company meetings, and lease agreements.
Virtual mediation reaches the special civil courts 4n12e
Notwithstanding that the Covid-19 pandemic has drastic consequences, it also proves to be a unique opportunity for driving technological innovations in the judicial system. One example is the adoption of virtual conciliation hearings, which encourages the resolution of disputes through settlement.
Innovation in virtual mediation offered by the São Paulo Court of Appeals for disputes related to covid-19 1c2xf
TJ-SP has developed a pre-trial conciliation and mediation option for business disputes, which can avoid overloading the courts and offer a faster and more effective response to disputes caused by the pandemic.
Bill 1,397/20: considerations on periods of suspension of exercise of creditors' rights 36245
The bill does not take into that many companies, without a demonstrable economic justification, may stop any payments to creditors knowing that, within the period of extraordinary legal protection, they will be immune to the ordinary legal measures provided for the Brazilian legal system and contracts.
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