Leite, Tosto e Barros
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Superior Court of Justice: 30-day deadline for main order is counted in working days
On April 3rd, the Second Panel of the Brazilian Superior Court of Justice (“STJ”) unanimously ruled a case law involving Motion for Resolution of Conflict Decisions on the Records of the Special Appeal (“EREsp”) n. 2.066.868 which was reported by the Appellate Judge Sebastião Reis Júnior.
Brazil’s Superior Court of Justice Case Law ruled the issue of attorney’s fees when opposing a claim in reorganization and bankruptcy proceedings
The controversial issue, registered as Theme 1,250 in the STJ database, analyzed “whether an award of attorney’s fees is due in the event of a claim being upheld in judicial reorganization and bankruptcy proceedings”.
The issue of the concurrency of attorney’s fees in bankruptcy: concurrent or non-concurrent credit
In bankruptcy, attorney’s fees are a fundamental element of the process when establishing the correct compensation for those professionals representing the interests of the parties involved. This matter sometimes sparks intense debates in the legal field, particularly regarding the classification of these credits as concurrent or non-concurrent.
STJ rules the applicability of “undervalue” concept in real estate’s sale, under private order
In March 2023, the Third Panel of Brazil’s Superior Court of Justice (“STJ”) issued a significant decision addressing the applicability of the legal concept of “undervalue” in real estate’s sale, under private offer, as stated in Section 891 and its paragraph, of the Brazilian Code of Civil Procedure (“CPC”).
Superior Court reinstates possibility of enforcement against shareholders of company under reorganisation
By Paulo Guilherme de Mendonça Lopes and Alexandre Paranhos, published in the International Law Office (ILO) platform In September 2023, the Superior Court of Justice (STJ) issued a significant ruling related to a debt enforcement against shareholders of a company...
STJ decides on validity of assignment of credit originating from fines
Article by Paulo Guilherme de Mendonça Lopes and Alexandre Paranhos, published in the International Law Office (ILO) platform, which outlines the legal provisions that regulate fines (also known as astreintes) in Brazilian law.
Leaders League 2023 acknowledges our performance
The international publication Leaders League has released the 2023 results for the litigation sector, and once again, Leite Tosto e Barros has been recognized for the excellence of its work in the areas of Large-Scale Labor Litigation, Arbitration and Civil and...
Our partners are among the Most Admired Lawyers in the Análise Advocacia Mulher 2023
In the 2023 edition of the Análise Advocacia Mulher 2023 ranking, Leite, Tosto e Barros is listed among the top 30 full-service law firms in São Paulo with the highest female representation. Our partners Luciana Arduin Fonseca, Renata Araújo and Paula Padilha Cabral...
Tax Bulletin: Brazilian Supreme Court exempts capital gains on inheritance or donations taxed by ITCMD from income tax
In a recent decision, ARE 1387761, the Brazilian Supreme Court (STF) has exempted the applicability of income tax on capital gains resulting from the appreciation of assets transferred by inheritance or donation, already taxed by ITCMD, based on the understanding that...
Income Tax Return for individuals 2023 – RFB No. 2,134/2023
On February 27th, 2023, the Brazilian Federal Revenue Office ("RFB") published RFB Normative Instruction No. 2,134, which governs the Annual Adjustment Declaration of Personal Income Tax ("Income Tax Return") for fiscal year 2023 (calendar year 2022). The main change...
We were recognized in Dispute Resolution: Litigation – Chambers Brazil 2023
Once again, Leite, Tosto e Barros Advogados has been referenced in Dispute Resolution: Litigation in the Chambers Brazil 2023 Guide (Chambers and Partners). This publication, which highlights the litigation area, evaluates law firms since 1990, identifying the leading...