Litigation
The traditional method of dispute resolution with the filing of a claim, adversarial process, production of evidence, judgment, and appeal should be the last path to resolving disputes related to the current covid-19 pandemic.
State government decree contradicts OECD recommendations to avoid increased tax levies during the pandemic
Transitional measures that went for consideration in the Senate are expected to remain in effect until December of 2020.
Transitional changes in Brazilian law impact various areas, such as condominium by-laws, company meetings, and lease agreements.
Notwithstanding that the Covid-19 pandemic has drastic consequences, it also proves to be a unique opportunity for driving technological innovations in the judicial system. One example is the adoption of virtual conciliation hearings, which encourages the resolution of disputes through settlement.
TJ-SP has developed a pre-trial conciliation and mediation option for business disputes, which can avoid overloading the courts and offer a faster and more effective response to disputes caused by the pandemic.
The bill does not take into account that many companies, without a demonstrable economic justification, may stop any payments to creditors knowing that, within the period of extraordinary legal protection, they will be immune to the ordinary legal measures provided for the Brazilian legal system and contracts.
The universalization of work from home policies, encouraged by recent measures to fight covid-19, has increased the need to sign documents electronically. But where does the Brazilian legislation stand on the legal validity of these signatures?
Recent changes in the Expression of Interest Procedure (PMI) should encourage private agents to cooperate with the Federal Public Administration in modeling partnerships and bidding procedures. The new rules were established by Decree No. 10,104/19 in November of last year.
The principle of legal certainty is one of the underpinnings of the rule of law. It could not be otherwise, as it is because of it that society can trust that the rules of the game will not be changed during the course of its activities and the legal transactions entered into.
With the consolidation of the use of arbitration by the Federal Government as an alternative, and often preferable, means for the Judiciary to settle disputes, several normative acts have been issued over the last years to recognize and regulate the use of this mechanism to settle conflicts relating to alienable property rights.
The Third Panel of the Superior Court of Justice (STJ) assigned the judgment of Special Appeal No. 1.797.924/MT to the Second Chamber of the court on October 10. The discussion revolves around the continuation of lawsuits and executions filed against jointly and severally liable debtors, when cancellation of the creditors' guarantees is provided for in the judicial reorganization plan.
