Tagged with: Litigation

Administrative law has been going through an accelerated change in its paradigms. Once centered on classic (though not always tangible) concepts, such as the supremacy and inalienability of the public interest, the area has been bending to reality:...

A pilot project designed to create a cooperation center to reduce the number of bankruptcy and judicial reorganization proceedings in Minas Gerais has been running since February. The initiative will enable greater specialization of judges and...

The 3rd Panel of the Superior Court of Justice (STJ) has recently judged the Special Appeal (REsp) 1.801.518/RJ, in which the legitimacy of the Public Prosecutor's Office (MP) was discussed to promote the liquidation and collective enforcement of...

The Third Panel of the Superior Court of Justice (STJ) recently set an important precedent for litigants in arbitration proceedings, judging special appeal 1.900.136-SP, whose opinion was written by Minister Nancy Andrighi.[1] At the time, the STJ...

The breach of data confidentiality of social networks users has raised relevant debates in the legal and social environments. If on the one hand it is recognized that the user of social networks can freely exercise their freedom of speech, on the...

Mediation and conciliation are alternative means of resolving conflicts in relation to the traditional state or arbitral jurisdiction. Both cases involve a third party who will act, in case of mediation, to facilitate dialogue and composition...

The Federal Supreme Federal Court (STF) convened en banc concluded last month the trial of Direct Action of Unconstitutionality (ADI) No. 4,296/DF, which debated the (un)constitutionality of provisions[1] of Law No. 12,016/09 (the Application for...

Widely used abroad as a vehicle for estate and succession planning , the trust is not provided for in Brazilian law. It is a typical instrument of British law and countries that adopt the common law (as opposed to the Roman-Germanic system/civil...

In order to make its arbitration rules more efficient, flexible, and transparent, the International Court of Arbitration of the International Chamber of Commerce (ICC) has revised to its arbitration rules, which entered into force on January...

Roberta Danelon Leonhardt, Carolina de Almeida Castelo Branco, Bruno Vinciprova Pileggi, Eduardo Perazza de Medeiros, Sergio Ferraz e Opice, and Isabella Guerrero. State Law No. 23,795/21, published by the government of Minas Gerais (MG),...

Article 97, subsection IV, of Law No. 11,101/05 (the Business Bankruptcy and Judicial Reorganization Law - LRF) provides that any creditor may file for bankruptcy for businessmen and business companies, in compliance with the requirements set out...

More than an article, this text is testimony to the success of a crisis management that has as one of its relevant pillars the appreciation of diversity. We, the authors, were fortunate to be involved from the very beginning in an important,...

We recently wrote about the initiative of the São Paulo State Court of Appeals (TJ-SP) to create a pilot project for pre-trial conciliation and mediation for business disputes arising from the effects of the pandemic (CG Resolution No. 11/2020, of...

The need to resolve conflicts arising from the economic impacts of the covid-19 pandemic declared by the World Health Organization (WHO) and government measures adopted to contain the spread of the virus will demand, as it has been demanding, a...

Various articles and news pieces have appeared in the specialized media in relation to Bill No. 1,397/20, which contemplates emergency measures to deal with the effects of the covid-19 pandemic, including amendments to Law No. 11,101/05 (Bankruptcy...

The Brazilian Securities and Exchange Commission (CVM) and the Superior Court of Justice (STJ), in two decisions in the first half of the year, made it clear that hotel operators may only be held liable for irregularities or damages in the offering...

On May 14, the Fourth Panel 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...

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Litigation

Consensus in Public Administration as a tool for risk management and crisis management

TJMG's pilot project should speed up processing of business claims in Minas Gerais

Prosecutors have no legitimacy to promote liquidation and collective execution of judgment in the protection of homogeneous individual rights

STJ: challenge to compliance with arbitral award is subject to the decadencial period of 90 days

The possibility of breaking the confidentiality of social networks’ user data in civil demands

Mediation and conciliation in the Recovery and Bankruptcy Act

ADI No. 4,296/DF: after 11 years, STF declares unconstitutional provision of the Application for Mandamus law that restricted the granting of in limine relief

Brazilian’s Trust - Trust Bill

New ICC arbitration rules enter into force as of January of 2021: what changes?

MG institutes State Policy on Persons Affected by Dams

Can the Tax Authority begin to request bankruptcy for businessmen and business companies?

Crisis management and diversity

Virtual mediation reaches the special civil courts

Innovation in virtual mediation offered by the São Paulo Court of Appeals for disputes related to covid-19

Bill 1,397/20: considerations on periods of suspension of exercise of creditors' rights

CVM and STJ clarify civil liability of hotel operators in collective investment agreements

STJ recognizes lis pendens in collective actions even without identical parties

Computerization and the new Brazilian Code of Civil Procedure: an economic perspective

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