Post by xyz3400 on Feb 19, 2024 23:09:42 GMT -5
The Private Law Section of the São Paulo Court of Justice released this Monday (9/3) two new statements on Business Law. The texts were approved in February at a session of the Group of Reserved Chambers for Business Law. The first statement deals with the limitation of labor credits in a judicial recovery to 150 minimum wages, through an analogous application of article 83, I, of Law 11,101/2005. The text was written to pacify jurisprudence due to disagreements in the Business Chambers regarding the incidence, or not, of the ceiling of 150 minimum wages in a judicial recovery. The majority of judges understand that the rule provided for in article 83, I, of Law 11,101/2005 does not apply to companies subject to the judicial recovery regime. Another current argues that it is possible to limit labor credits to 150 minimum wages as long as there is an express statement from the creditor.
In this scenario, the Group of Reserved Chambers of Business Law opted for a third approach, making the majority understanding more flexible, in order to admit the possibility of limiting credit of a labor nature in order to equalize the rights and interests of everyone involved in the judicial recovery. . According to the statement, credits arising from an accident at work are not subject to any limit. "In this way, it is possible, on Honduras Mobile Number List the one hand, to guarantee the subsistence and protection of the largest number of workers and, on the other, to prevent the company's resources from being consumed to satisfy a few larger credits, which, notably, end up becoming more distant those that have a specific origin in the employment relationship, as well as far exceeding the minimum essential for the worker's livelihood, giving rise to privileged treatment", says the justification for the statement.
The second statement deals with counting all deadlines in the microsystem of Law 11,101/2005 in calendar days. The issue was discussed because, with the entry into force of CPC/2015, doubts arose regarding the application of the rule for counting procedural deadlines in working days (article 219 of the CPC) within the scope of judicial recovery processes. The issue was not pacified in the TJ-SP Business Chambers. The majority current was based on the judgment of REsp 1.698.283/60 by the 3rd Panel of the Superior Court of Justice, with a report by Minister Marco Aurélio Bellizze, which requires the identification of the nature of the deadlines, whether material or procedural, for the purposes of counting in calendar or business days. "Procedural deadlines not specific to the microsystem, such as appeals, for illustrative purposes, will be counted in accordance with article.
In this scenario, the Group of Reserved Chambers of Business Law opted for a third approach, making the majority understanding more flexible, in order to admit the possibility of limiting credit of a labor nature in order to equalize the rights and interests of everyone involved in the judicial recovery. . According to the statement, credits arising from an accident at work are not subject to any limit. "In this way, it is possible, on Honduras Mobile Number List the one hand, to guarantee the subsistence and protection of the largest number of workers and, on the other, to prevent the company's resources from being consumed to satisfy a few larger credits, which, notably, end up becoming more distant those that have a specific origin in the employment relationship, as well as far exceeding the minimum essential for the worker's livelihood, giving rise to privileged treatment", says the justification for the statement.
The second statement deals with counting all deadlines in the microsystem of Law 11,101/2005 in calendar days. The issue was discussed because, with the entry into force of CPC/2015, doubts arose regarding the application of the rule for counting procedural deadlines in working days (article 219 of the CPC) within the scope of judicial recovery processes. The issue was not pacified in the TJ-SP Business Chambers. The majority current was based on the judgment of REsp 1.698.283/60 by the 3rd Panel of the Superior Court of Justice, with a report by Minister Marco Aurélio Bellizze, which requires the identification of the nature of the deadlines, whether material or procedural, for the purposes of counting in calendar or business days. "Procedural deadlines not specific to the microsystem, such as appeals, for illustrative purposes, will be counted in accordance with article.