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” [...]
Carta Forense The topic of corporate veil piercing is once again addressed; now, more specifically the corresponding “incident” – which should give rise to important debates until the Code of Civil Procedure (CPC) of 2015 comes into force, or even before that. For the proper understanding of the matter, it seems essential to determine [...]
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Carta Forense Among the innovations of the new Code of Civil Procedure (CPC), one is likely to cause relevant practical repercussions, even before it comes into force, namely the recognition of enforcement fraud in cases in which the corporate veil is pierced. The following considerations partially correspond to others, forwarded to the collection of Comments [...]
Online process once again: does the recognition of lack of jurisdiction lead to the dismissal of the case?
Carta Forense The online practice of procedural acts is still – and everything seems to indicate that it will remain for a long time – in the agenda of professionals involved in litigation. A good illustration of this is the work that the Federal Council of the Brazilian Bar Association (OAB) has recently edited, [...]
Carta Forense In the October 2014 edition, when writing about the topic of actions for relief from judgment in the CPC (Code of Civil Procedure) Bill, I wrote about the expectation there was then about the voting in the Senate. The uncertainty expressed there was luckily overcome with the approval of the text, whose [...]