Tagged with: Litigation

The meeting room is tense yet silent. The chief operating officer has just reported the incident. Faces around the table tighten as they try to process the information. The first to speak is the CFO: “But is this really that...

The Third Panel of the Superior Court of Justice (STJ) definitively judged, in 2024, Special Appeal 1,989,291. By majority vote, the understanding was established that the clause limiting the duty to indemnify – also known as the...

The Superior Court of Justice (STJ) concluded the judgment of special appeal 2.109.209/CE, under the rapporteurship of Minister Nancy Andrighi, and defined that the requirement of prior deposit of the fine provided for in article 1.021, paragraph...

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On November 26, the plenary session of the Federal Supreme Court (STF) closed the judgment of Extraordinary Appeal 678.360 (RE 678.360), with general repercussion (Topic 558), in which the constitutionality of paragraphs 9 and 10 of article 100 of...

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The National Council of the Public Prosecutor's Office (CNMP) published CNMP Resolution 300/24, which regulates the performance of state public prosecutors' offices in the oversight of private law foundations. Based on article 66 of the Civil...

The Second Panel of the Superior Court of Justice (STJ), unanimously, recognized the nullity of a judgment rendered by the Federal Court of the 5th Region (TRF 5). The panel of federal appellate judges of the TRF 5 had held a new trial of the...

The intense rains that hit Rio Grande do Sul (RS) between the end of April and the beginning of May this year caused devastating floods, with extensive damage to the population of Rio Grande do Sul and consequences that seem to be far from over....

On August 14, the First Section of the Superior Court of Justice (STJ) consolidated understanding on the scope of the effects of the decree of the intercurrent statute of limitations in the enforcement of a collective judgment. In judging Topic...

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Law 14,905/24, which amends rules of the Civil Code on monetary restatement and application of default interest, was published in the Federal Government's Official Gazette on July 1, after sanction by the President of the Republic. In total, eight...

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The environmental issue has gained legislative attention in recent times, both in the constitutional sphere and in the ordinary sphere, given the recent bills that address the issue. Environmental damage has certain complexities, such as the...

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Faced with the overloading and congestion[1] of the Brazilian judiciary – which slows down the achievement of judicial relief and hinders access to justice – it is urgent to seek and use other appropriate methods for dispute resolution – such...

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The Superior Court of Justice (STJ), when judging Special Appeal 2,056,285 / RS (REsp 2,056,285 / RS) in April, reinforced the understanding consolidated in its Precedent 359 that it is the duty of the body maintaining the register of...

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Among the various decisions that need to be taken in the corporate and business sphere, one of the most relevant is what should be done with the corporate participation of the individual partner or shareholder after his death. It is an issue that...

Issued on April 25, 2023 by the Secretariat of Management and Innovation of the Ministry of Management and Innovation in Public Services, Ordinance Seges/MGI 1,769, which repealed Ordinance Seges/MGI 720/23, provides for the transitional...

"In Brazil, even the past is uncertain." The phrase, whose authorship is attributed to both the former President of the Central Bank Gustavo Loyola and the former minister Pedro Malan, summarizes the action of the Supreme Court (STF) on February 8,...

The Digital Markets Act (DMA) is the European Union's (EU) new law whose initial purpose is to make the digital marketplace fairer and more competitive. The rule came into effect on November 1, 2022, but the regulation will go through an...

The lack of funds to afford the high costs of initiating certain litigation proceedings, judicial or arbitral, can make it very difficult or even impossible to file lawsuits or initiate arbitration proceedings. To remedy this problem, third-party...

Appropriate methods for conflict resolution are becoming increasingly relevant in the national scenario of alternatives available for dispute resolution. These methods include mediation and conciliation, governed by the Law 13.140/15. In addition,...

The granting of precautionary measures, in particular those involving the freeze of assets, must comply with the general legal requirements of risk demonstration to the useful outcome of the process and/or danger of irreparable damage. The...

The discussion on the constitutionality of state laws that provide for the mandatory extension of promotional campaigns to all customers – new or pre-existing ones – of services of a continuous nature had another chapter in the judgment of...

Litigation

The Denial Trap: The Most Common and Costliest Mistake in a Crisis

Validity of the clause limiting the duty to indemnify

STJ analyzes fine under article 1,021, paragraph 5, of the brazilian civil procedure code

Public treasury cannot offset debts with court-ordered warrants

CNMP publishes resolution on the protection of private foundations

STJ and the joint judgment of motion for clarification and appeal

Tragedy in Rio Grande do Sul continues to have effects on civil liability

STJ: intervening statute of limitations in enforcement of a collective judgment does not impede individual claims

Monetary restatement and application of interest: changes in the CC

Environmental damage and the respective repair

Dispute system design in Brazil

How to notify the registration in the register of defaulters

Who gets the equity interest of the deceased partner?

The transitional regime of the new Bidding Law

Analysis of the civil procedural aspects of the Supreme Court's decision on RE 949.297 and RE 955.227

The Digital Markets Act and its impact on big tech

Third-Party Litigation Funding in Brazil

The role of mediation in dispute resolution

The TCU and the freeze of assets orders in the administrative jurisdiction

Is the extension of promotions valid for all customers?

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