Post by account_disabled on Mar 10, 2024 4:20:28 GMT -6
The Chamber Reserved for Bankruptcy and Judicial Recovery will present to the Special Body of the São Paulo Court of Justice the edition of a group of summaries, with the themes already pacified in that collegiate. The summaries aim to speed up the judgment of thousands of actions in the first instance and appeals in the Court of Justice.
The summaries summarize collegiate understandings Austria Phone Numbers List regarding matters in which there are no divergences of interpretation and doctrine in the Reserved Bankruptcy and Judicial Recovery Chamber. The summarized themes can serve as a guide for first instance judges, who can base their decisions based solely on the summary. It also serves as a reference for those under jurisdiction.
In addition to helping to unburden the Judiciary and reinforce legal certainty, the summary serves as a disincentive to the presentation of delaying appeals, which insist on theories contrary to the jurisprudence established by the collegiate. The Private Law Section has chambers, distributed in three subsections, with judges and second-degree substitute judges. After being approved by the Special Body of the São Paulo TJ, the summaries standardize jurisprudence and serve as guidance for magistrates, members of the Public Ministry, municipal and state prosecutors and lawyers.
hamber was created to standardize the understanding and application of Law , of ", says judge Boris Kauffmann , current president of the Chamber Reserved for Bankruptcy and Judicial Recovery. "The fact that there is only one collegiate judging, applying and interpreting the law it facilitates the work of first-instance judges and lawyers, as everyone can predict the court's solution to certain disputes”, explains the judge
“It is the so-called legal certainty, which establishes the jurisprudential guidance of the court and results in a reduction in the number of appeals in the second instance and makes the processing of cases in the first instance of jurisdiction faster”, he adds.
“The chamber is one of the successful ideas put into practice by the Court of Justice”, says the president of the Private Law Section, judge Maia da Cunha . According to him, the highlight is the standardization of jurisprudence that guides first-degree judges, prosecutors and lawyers who work in the specific area of bankruptcy and judicial recovery.
"It is evident that the solid and pacified positions on the most diverse topics involving the matter facilitated the decision in the first instance and gave legal certainty to those under jurisdiction", added Maia da Cunha. The chamber is formed by judges Boris Kauffmann, Elliot Akel, Pereira Calças, Lino Machado, Romeu Ricupero and Araldo da Costa Telles.
An example of what can be approved by the Special Body. When the matter involves labor credit, it is peaceful in the chamber to determine early withdrawal in favor of the creditor, as long as the legal assumptions are met. The understanding is that, if there are resources, the advance payment is due, regardless of the full realization of the asset. The board fully applies article of the new Bankruptcy Law. Judge Pereira Calças, one of those who understands the matter, votes in the sense that the device complies with the constitutional precept, which orders preferential protection of workers' rights.
The summaries summarize collegiate understandings Austria Phone Numbers List regarding matters in which there are no divergences of interpretation and doctrine in the Reserved Bankruptcy and Judicial Recovery Chamber. The summarized themes can serve as a guide for first instance judges, who can base their decisions based solely on the summary. It also serves as a reference for those under jurisdiction.
In addition to helping to unburden the Judiciary and reinforce legal certainty, the summary serves as a disincentive to the presentation of delaying appeals, which insist on theories contrary to the jurisprudence established by the collegiate. The Private Law Section has chambers, distributed in three subsections, with judges and second-degree substitute judges. After being approved by the Special Body of the São Paulo TJ, the summaries standardize jurisprudence and serve as guidance for magistrates, members of the Public Ministry, municipal and state prosecutors and lawyers.
hamber was created to standardize the understanding and application of Law , of ", says judge Boris Kauffmann , current president of the Chamber Reserved for Bankruptcy and Judicial Recovery. "The fact that there is only one collegiate judging, applying and interpreting the law it facilitates the work of first-instance judges and lawyers, as everyone can predict the court's solution to certain disputes”, explains the judge
“It is the so-called legal certainty, which establishes the jurisprudential guidance of the court and results in a reduction in the number of appeals in the second instance and makes the processing of cases in the first instance of jurisdiction faster”, he adds.
“The chamber is one of the successful ideas put into practice by the Court of Justice”, says the president of the Private Law Section, judge Maia da Cunha . According to him, the highlight is the standardization of jurisprudence that guides first-degree judges, prosecutors and lawyers who work in the specific area of bankruptcy and judicial recovery.
"It is evident that the solid and pacified positions on the most diverse topics involving the matter facilitated the decision in the first instance and gave legal certainty to those under jurisdiction", added Maia da Cunha. The chamber is formed by judges Boris Kauffmann, Elliot Akel, Pereira Calças, Lino Machado, Romeu Ricupero and Araldo da Costa Telles.
An example of what can be approved by the Special Body. When the matter involves labor credit, it is peaceful in the chamber to determine early withdrawal in favor of the creditor, as long as the legal assumptions are met. The understanding is that, if there are resources, the advance payment is due, regardless of the full realization of the asset. The board fully applies article of the new Bankruptcy Law. Judge Pereira Calças, one of those who understands the matter, votes in the sense that the device complies with the constitutional precept, which orders preferential protection of workers' rights.