Carta Forense In the previous work, starting with the topic of jurisdiction (article 299), we pointed out that it is connected to another aspect of the general discipline of the temporary relief: that it be demanded on a preceding or incidental basis (article 294). This then led to the loss of autonomy of the [...]
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Carta Forense In the previous article, I proposed a brief examination of the temporary relief discipline within the Code of Civil Procedure (CPC) of 2015. I noticed that it can be based on either urgency or evidence (article 294). As to the urgent relief, it continues to be unfolded into provisional and interlocutory relief. [...]
Yarshell e Camargo Advogados and partner are remembered in the 2015 edition of Revista Análise da Advocacia
Revista Análise da Advocacia 500 – published by Análise Editorial – annually presents the most admired Law Firms and Lawyers of Brazil, in several areas of Law, according to the opinion of the legal directors of the largest companies in the country. In the 2015 edition, Yarshell e Camargo Advogados, as in the previous years, [...]
Carta Forense Following my analysis of the motives of the decision that grants the temporary relief, this article, I remind the readers, should be examined in connection with the one that precedes it, in which the fundamentals that authorize this type of relief were examined. The legal rules of the motive of judicial decisions [...]
Carta Forense Still on the topic of the temporary relief within the CPC 2015, after having addressed three aspects of the common system of this relief – timely scope of the respective effectiveness (article 296), the atypical nature of the measures intended to enable it (article 297), and the form of effectiveness (article 297, [...]
Carta Forense I will continue my analysis of the temporary relief within the Code of Civil Procedure (CPC) of 2015. Having addressed two aspects of the common system of this relief – timely scope and of the respective effectiveness (article 296) and the atypical nature of the measures intended to enable it (article 297) [...]
Carta Forense Continuing the analysis of the temporary relief in the Code of Civil Procedure (CPC) 2015, I will now examine another point among those I had highlighted in the first article of the series: the atypical nature of the relief provided for in article 297, according to which the judge may determine “the [...]
MIGALHAS In a very interesting article, Flávio Yarshell (Yarshell e Camargo Advogados) and Adriano Camargo Gomes list provisions in the new Code of Civil Procedure (CPC) which, due to their capacity to interpret the legislation in force, could be immediately effective. Flávio Luiz Yarshell and Adriano Camargo Gomes Check the provisions of the new [...]
New CPC and the electoral process: a solution for the issue of trials of claims grounded on the same facts?
Carta Forense In the June 2012 edition, I addressed the issue referred to in the topic of this article. At that time, my starting point was the amendment to Complementary Law 64/90 through the “clean file law” (lei da ficha limpa); a change whereby the basis of the so termed “electoral judicial investigation action” [...]