Litigation 5e695m
STJ gives prevalence to legal certainty and settles 10-year statutory limitations period for contractual civil liability 2f3a20
The Special Court of the Superior Court of Justice (STJ) advanced to put an end to the controversy over the limitations period applicable to claims based on contractual civil liability. In a judgment last May 14, the Justices decided, by a majority vote (7x5), that the ten-year statute of limitations is what is appropriate in these cases.
STJ recognizes lis pendens in collective actions even without identical parties 4l1h3d
On May 14, the Fourth of the Superior Court of Justice (STJ) reaffirmed its understanding that the presence of the same parties is not necessary to give rise to lis pendens in collective actions in which a party with extraordinary standing appears due to procedural substitution.
Brazilian Superior Court of Justice authorizes the suppression of guarantees in a judicial reorganization plan, even without the consent of the guarantee holder 556l43
The 3rd of the Superior Court of Justice (STJ) affirmed, in a non-unanimous decision, that judicial reorganization plans approved by the majority of the creditors of a company undergoing judicial restructuring may suppress secured or unsecured guarantees, even without the express consent of the creditor who holds the guarantee.
Brazil's accession to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters stimulates international legal cooperation 6k5p5h
The text of The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Hague Service Convention) was promulgated on March 21 through Decree no. 9,734/2019. Signed in The Hague on November 15, 1965, the Hague Service Convention was originally signed by six states and is now in force in 73 countries. With the enactment of Decree no. 9,734/2019, the Convention will come into effect in Brazil on June 1, 2019.
STJ gives a new interpretation to the list of article 1,015 of the Code of Civil Procedure 34232l
The exhaustive list of cases for filing interlocutory appeals provided for in article 1,015 of the Code of Civil Procedure (C) was the subject of a recent review by the Superior Court of Justice (STJ) in the judgment of Special Repetitive Appeals No. 1.704.520 and No. 1.696.396, which occurred on December 5, 2018.
Paranapanema Case: Extension of Arbitration Clauses to Ancillary Contracts 6sy4y
In a decision handed down at the end of last year in Special Appeal No. 1.639.035/SP, the Superior Court of Justice (STJ) established a paradigmatic precedent by reinforcing the theory allowing for the objective extension of arbitration clauses to transactions involving a series of related contracts, where the main contract contains an arbitration clause, even allowing for the setting aside of valid forum selection clauses found in the ancillary contracts.
New STJ precedent on the fiduciary assignment of receivables and the concept of capital goods 6b3g5e
When the Superior Court of Justice (STJ) decided at the end of last year to reinstate the bank freeze, or fiduciary assignment of receivables, which had been suspended by the court in a judicial reorganization case, it took into the concept of capital goods provided for in article 49, paragraph 3, of the Bankruptcy and Corporate Reorganization Law (Law No. 11,101/2005, the “LRF”).
STJ reviews appeals from an IRDR and adopts different positions for staying pending cases 4e44e
In order to avoid having Brazilian courts produce different decisions on a single issue and seeking to accelerate the resolution of multiple demands dependent on a review of the same legal matter, the Code of Civil Procedure of 2015 inaugurated the Ancillary Proceeding for Resolution of Repetitive Claims (IRDR), a procedure provided for in articles 976 through 987 of said law.
Foreign legal entity domiciled in Brazil does not need to post bond to litigate in court 32386u
In a recent judgment, the Third of the Superior Court of Justice (STJ) ruled out the requirement to post bond by a foreign legal entity duly represented in Brazil and who seeks to file a lawsuit in Brazil.[1]
State must reimburse costs and procedural expenses to defendant acquitted in prosecution for istrative corruption n2i12
The São Paulo State Court of Appeals (TJSP) has ruled in a recent judgment that the São Paulo State Tax Authority must reimburse costs and procedural expenses incurred by a defendant acquitted in a public civil action for istrative corruption.
Decision by the STJ gives deference to the will of the parties in choosing arbitration 5f2e1t
The Brazilian Arbitration Law (Federal Law No. 9,307/1996) enshrines, in its article 8, sole paragraph, the so-called principle of jurisdiction over jurisdiction, according to which it is up to the arbitrators to decide on their own jurisdiction (subject to subsequent analysis by the Judiciary, in the scenarios set forth for annulment of the arbitration award). The principle establishes, therefore, a limit on interference by the state judge, in view of the parties' choice of arbitration.
New ordinance from the Ministry of Justice regarding the Brazilian advisory rating system for audiovisual works 256n2n
In force since September 5, Ordinance No.
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