Transforming a crisis into an opportunity by managing it effectively, especially from a legal point of view, means reviewing traditional views and practices and welcoming diversity.
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 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 of condo hotels if they participated actively in the efforts to sell the ideal fractions to buyers.
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 appears due to procedural substitution.
Pouco mais de um ano após a entrada em vigor do novo Código de Processo Civil, que buscou alinhar as regras procedimentais às diretrizes da Constituição Federal e às expectativas da sociedade, é possível constatar alguns avanços motivados por fatores econômicos na aceitação das mudanças propostas pelo legislador.
The Superior Court of Justice (STJ) decided that partners are not secondarily liable for debts of civil associations. In a ruling handed down on April 4, the Third Panel of the Superior Court of Justice (STJ) rejected special appeal no. 1.398.438 - SC (2013/0269598-4), which sought to pierce the corporate veil of a civil association in order to reach the assets of its partners and, thereby, pay off unpaid debts of the association.
