Litigation, arbitration and dispute resolution

Sanctioned in August, Law No. 14,195/21 (Business Environment Act) brings expectation of debureaucratization for Brazilian companies and incentive to investments in Brasil. The text is the result of the conversion of Provisional Measure No...
The Public Civil Actions Law (Law No. 7,347/85) precedes the Federal Constitution of 1988 (CF/88) and seeks to ensure to citizens, since it was approved, better instruments of access to the Judiciary. In addition, collective actions guarantee...
Although doctrine and the Consumer Defense Code (CDC) have afforded protection to "bystanders", identification of this kind of consumer in some cases can still generate doubt. For this reason, the Superior Court of Justice, the highest court for...
Globalization increasingly demands regulation on cross-border insolvency, and Brazil is no exception. Considering this reality and driven by the Covid-19 crisis, which required rapid responses to the deterioration of the country's economy, Law No...
Although it has been recognized in Brazil’s legal system for many years, the institute of the procedural legal deal (NJP) had its adoption formalized and systematized only with the new Code of Civil Procedure (Federal Law No. 13,105/15 - CPC)....
The need for proof of bad faith for double refund of collection carried out improperly against consumers (popularly referred to in the legal universe as double repetition) is the subject of controversy in the Superior Court of Justice (STJ) for a...
Arbitration is the method of dispute settlement based on the autonomy of the parties, who decide to submit their dispute to private judicial system instead of the Judiciary Branch. The advantages commonly associated with arbitration are several...
Gisela Mation, Leandro Felix and Mateus Zottarelli Just open the days' newspaper to come across news about impasses, delays, and suspension in the realization of works and infrastructure projects arising from bidding contracts, discussions...
Contracts[1] of various natures have been broken in Brazil due to the covid-19 pandemic. The defaults, when not solvable amicably by mutual concessions, have been submitted to the judiciary (or an arbitral tribunal, where applicable) to be...
After more than two decades of consideration, Brazil finally has a new bidding law. Published on April 1, 2021, Law No. 14,133 incorporates a series of successful and unsuccessful experiences verified during the almost three decades of validity of...
Litigation often represents a strategic agenda for the litigating parties, and a well-conducted process is a central aspect of the outcome, whether a loss or win. In lawsuits, communication between lawyer/judge needs to be above all objective...
O mercado transacional brasileiro registrou um total de 693 transações e movimentou R$ 221 bilhões até maio, segundo relatório mensal do TTR. A transação destacada foi a conclusão da aquisição do Banco Pan pelo Banco BTG Pactual. A...
Published with the objective of modernizing brazil's business environment, Provisional Measure No. 1,040/21, also known as The Business Environment MP (MPAN), provides for the facilitation of the opening of companies, the protection of minority...
For years, the matter of how the Public Treasury should behave when becoming aware of the bankruptcy of a legal entity that has a tax enforcement proceeding n(s) against it pending  trial was discussed. Several legal controversies  have...
The current understanding of the Superior Court of Appeals (STJ) regarding the best interpretation of the concept of payment contained in Art. 523 of the Code of Civil Procedure (CPC) and regarding the effectiveness of the judicial deposit of the...