Tagged with: Litigation

The succession regimes of the partners and spouses have been equalized after the trial of the Extraordinary Resource 878,694/MG by the Supreme Federal Court (STF), occurred in 2017, and the consequent declaration of unconstitutionality of the...

The use of consensual methods – such as negotiation, conciliation, mediation, arbitration and dispute boards – it is increasingly appropriate to resolve and prevent disputes, given the congestion of demands in the judiciary – which often lags...

The Second Section of the Superior Court of Justice (STJ) should soon resume the trial of Special Appeal 1.964.067/ES, whose matter refers to the intention of The Usiminas Pension Society — successor of the Cosipa Social Security Foundation...

The electronic performance of procedural acts has been constantly favored by the legal system not only to adapt procedures to the technological innovations experienced by society, but also to make it an instrument capable of ensuring a fair and...

The Fourth Panel of the Superior Court of Appeals (STJ) completed in August the judgment of Special Appeal (REsp) 1.837.386/SP, in which it was litigated whether the promulgation of Precedent 326 of the STJ[1], based on the Code of Civil Procedure...

In the Brazilian legal system, there are three types of precatórios: small value obligations, precatórios of a priority nature, and ordinary precatórios. The precatórios of a priority nature are those that, as provided for in the first...

One of the great points of discussion in the case law when a new law comes into effect is the moment at which the new legislation should be applied to legal relationships of continuous treatment or, as in the case we analyze here, in the hundreds...

In a recent decision, the São Paulo State Courts recognized the bad faith of an association that sought compensation in the millions, as it found that it was a front association whose sole purpose was to enrich itself without cause. The entity was...

The right to be forgotten – which involves the withdrawal of personal information from websites and mass media – is a contemporary theme and the subject of intense debate in the world legal stage. It bumps into several prerogatives provided for...

Amidst intense debate in the legal community regarding the repercussions of Constitutional Amendment 125/22 (CA 125/22), published on July 14th of this year, the Superior Court of Appeals (STJ) promoted the seminar "Argument of Relevance in Special...

In the judgment of Special Appeal 1.738.657/DF, the Third Panel of the Superior Court of Appeals (STJ) found that the insurer has no duty to render accounts as a result of life insurance and health insurance contracts. The Court held that an...

The reforms promoted in the Expropriation Act (Decree-Law 3,365/41) by the Federal Law 13,867/19 have brought significant changes to public expropriations, especially in relation to the negotiation process between the private and the Public...

The Brazilian Securities and Exchange Commission (CVM) released on last June 28 its Risk-Based Supervision Report for the fiscal year of 2021. In the document, CVM points out the supervision actions carried out to treat risks and events considered...

The service of a legal entity at an old address is not valid when the change of address has already been communicated to the Board of Trade, even if the change has not been reported on the company's own website. The decision was recently issued by...

Understanding what the requirements used by the Federal Supreme Court (STF) are to grant reciprocal tax immunity to state-owned companies is certainly one of the most challenging tasks in the realm of academic research. Any attempt at...

Since the accidents that occurred in Mariana (2015) and Brumadinho (2019), in the state of Minas Gerais, several topics related to accident prevention and its treatment have gained prominence and raised a debate about the effectiveness of existing...

The name given to the Entrepreneur’s Defense Code may suggest that it is a counterweight to the Consumers’ Defense Code, because consumers and entrepreneurs, in general, occupy antagonistic positions in their relations. However, this is not the...

The evidence production phase plays a key role in a lawsuit, and may be decisive for its success – or not. The current Code of Civil Procedure (CPC) introduced the early production of evidence as an autonomous claim. Therefore, the production of...

A controversy surrounding the rules of citrus production recently reached the Supreme Court (STF) through the Direct Action of Unconstitutionality (ADI) 7.045, filed by the Brazilian Democratic Movement Party (MDB). The action questioned the...

In a decade marked by the proliferation of sustainable investments, the Green Rural Product Note (CPR) emerges as a potential source of financing for the Brazilian agricultural sector. It is an instrument that aims to raise financial resources to...

Litigation

The controversy of the companion as a necessary heir

Advantages of consensual methods in conflict prevention and resolution

The uncertainty about the (non-) solidarity of the submasses

Digitization of judicial proceedings gains another chapter

Who is responsible for the fees for loss in suits for non-economic damages?

Does the assignment of a priority registered warrants (precatórios) change their nature?

The impact of intertemporal law on piercing of the corporate veil

Association is ordered to pay fees for baseless public civil action

The right to be forgotten and the Streisand effect

STJ seminar addresses impacts of Constitutional Amendment 125/22

Action to demand accounts is not applicable against insurer

Importance of consensual methods of dispute resolution in expropriation processes

CVM Releases Risk-Based Supervision Report 2021

Validity of the service of a legal entity

Reciprocal tax immunity for government-controlled companies

The importance of prevention in coping with crises

Entrepreneur's Defense Code aims to make life easier for entrepreneurs

Early evidence may facilitate minority shareholders’ access to information

Is it possible to change the rules for the production of citrus seedlings?

The importance of Green CPR’s for the sustainable growth of agribusiness

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