Post by account_disabled on Mar 13, 2024 5:19:41 GMT -2
The recovery court can decide on the company's credits. The understanding was unanimously signed by the 2nd Section of the Superior Court of Justice, which dismissed the complaint filed by the company Retebras as unfounded and upheld the decision of the judge responsible for Oi's judicial recovery, which authorized the transfer of R$49 million in favor of the operator.
reproduction
For minister Paulo de Tarso Sanseverino, the recovery court has the power to decide on the company's credits
Reproduction
The ministers, unanimously, decided only B2B Lead that, in that specific case, there was no offense to the authority of the court's decision by the court of judicial recovery in deciding, this, to determine the transfer of amounts deposited in another court.
"The purpose of such a rule is to ensure procedural speed and the effective solution of the demand. On the contrary, the random distribution of the complaint, as in any other types of processes, would certainly cause additional difficulties for the new judge, related to the original knowledge of the matter discussed, while the original rapporteur of the main case, in theory, does not have them"
In this case, the panel discussed the legal repercussions of the conceptual difference between the abstract right to credit and the right to satisfy the credit through amounts seized and deposited in court, for the purpose of complying with the general order of payments of creditors in judicial recovery. In this specific case, the discussion was about the destination of the object of seizure worth around a million dollars and passed, from the civil court, to the recovery court.
Favorable Thesis
The STJ's decision is favorable to the thesis defended by lawyer Luiz Rodrigues Wambier , from Wambier, Yamasaki, Bevervanço e Lobo Advogados, in oral argument at the trial, in the sense that the court where the judicial recovery is processed has the competence to deliberate and decide on the assets of the company undergoing recovery.
“The credit will be subject to competition from the judicial recovery court. Otherwise, we would be violating the principle of equal treatment of recovery creditors, because there would be favoritism of one creditor to the detriment of the others”, stated Wambier.
In relation to the comparison that Retebras makes with previous decisions of the STJ, the minister stated that the comparison is not correct. "There is no evidence, in the judgments allegedly disrespected and in accordance with the STJ's lame jurisprudence, of any judicial commands to be assured, protected or preserved through this complaint," he said.