Post by firoj1919 on Feb 22, 2024 4:21:44 GMT -5
In fact, from its wording it is interpreted that proof of fiscal regularity is a requirement for the approval of judicial recovery plans and possible amendments, and the TJ-SP established the date of the assembly deliberation as a temporal criterion: "Intertemporal right. There is no acquired right to a legal regime. Precedents of the Federal Supreme Court. Requirements for granting judicial recovery that must be determined as provided for, in the legal system, at the time of the deliberation of the general meeting of creditors on the recovery plan judicial. Tempus regit actum. Art. 5t Federal Constitution; art. 6th of the Law of Introduction to the Norms of Brazilian Law. Therefore, jurisprudential guidance prior to the entry into force of L be invoked if the deliberation meeting is later, as occurs in the hypothesis" (TJ-SP; Interlocutory Appporteur: des.
Therefore, according to the analysis presented here, all assembly deliberations on judicial recovery plans or possible additions that occurred after the entry into force of Law follow the general principle of tempus regit actum , and their approval must be preceded by the presentation of the tax debt clearance certificates provided for in art.. Statement XX is in line with the understanding already established by the TJSP, in the sense that it is up to the Judiciary to examine ex officio the question of the legality of Oman Mobile Number List the recovery and bankruptcy process insofar as it is a matter of public order and in accordance with article 933 of the CPC must be known ex officio. In fact, it is for no other reason that the statement makes it clear that the translational effect of appeals applies to these situations, which means that the issue of must be known by the judging body even if the appeal has a different object.
Obviously the editing of the statements above does not imply the end of the debates, for two reasons. The first is that the understanding of the despite having to be respected by all the judging bodies in the state of São Paulo, unless better judged, does not obviously bind the STJ, which means that the issue of proof of fiscal regularity as a requirement for granting judicial recovery and whether the issue can be dealt with ex officio by the judging body will inevitably continue to be the subject of numerous special appeals until a specific pronouncement regarding the divergence. The second is that some important points have not yet been standardized and, therefore, are not addressed by the statements. In our opinion, we highlight the main ones: a) Despite the change in jurisprudence regarding the application of art. there is still no definition regarding the consequences of any non-presentation of negative certificates, whether the process is postponed or terminated, the stay period is revoked or the judicial recovery is converted into bankruptcy.
Therefore, according to the analysis presented here, all assembly deliberations on judicial recovery plans or possible additions that occurred after the entry into force of Law follow the general principle of tempus regit actum , and their approval must be preceded by the presentation of the tax debt clearance certificates provided for in art.. Statement XX is in line with the understanding already established by the TJSP, in the sense that it is up to the Judiciary to examine ex officio the question of the legality of Oman Mobile Number List the recovery and bankruptcy process insofar as it is a matter of public order and in accordance with article 933 of the CPC must be known ex officio. In fact, it is for no other reason that the statement makes it clear that the translational effect of appeals applies to these situations, which means that the issue of must be known by the judging body even if the appeal has a different object.
Obviously the editing of the statements above does not imply the end of the debates, for two reasons. The first is that the understanding of the despite having to be respected by all the judging bodies in the state of São Paulo, unless better judged, does not obviously bind the STJ, which means that the issue of proof of fiscal regularity as a requirement for granting judicial recovery and whether the issue can be dealt with ex officio by the judging body will inevitably continue to be the subject of numerous special appeals until a specific pronouncement regarding the divergence. The second is that some important points have not yet been standardized and, therefore, are not addressed by the statements. In our opinion, we highlight the main ones: a) Despite the change in jurisprudence regarding the application of art. there is still no definition regarding the consequences of any non-presentation of negative certificates, whether the process is postponed or terminated, the stay period is revoked or the judicial recovery is converted into bankruptcy.