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Bankruptcy, among others, must escape its jurisdiction. In 2020, the Federal Supreme Court concluded the exception applies to actions discussing civil insolvency . The STF's position took into account that both in the case of a legal entity in bankruptcy proceedings and an individual in insolvency there is the presence of a competition of creditors. This is the hypothesis of the specific case, in which the debtor owes four financial institutions. The action was filed to renegotiate the debt based on article 104-A of the Consumer Protection Code. The rule provides that, at the consumer's request, the judge will initiate a renegotiation process, which will bring together all creditors and in which a payment plan must be presented with a maximum period of 5 years. Reporter of the conflict of jurisdiction, Minister Marco Buzzi highlighted that this hypothesis, as in the case of judicial recovery or bankruptcy, has an undeniable competitive nature.
Therefore, federal public companies such as Caixa must, exceptionally, submit to the jurisdiction of the State or district courts. "At the end of the day, the definition of jurisdiction, in the common state courts, appears imperative due to the need to concentrate all decisions that involve the interests and assets of the consumer, in order not to compromise the procedures relating to the attempt to , preserving the existential minimum, the debtor can solve his financial obligations", he explained. Over-indebtedness The consumer who filed the law Special Phone Number Data suit took out loans to pay for health treatment during the Covid-19 epidemic. A retired police officer in the Federal District, he has a monthly income of R$4,000, but discounts on his paycheck that reach R$10,900. He is, therefore, over-indebted. In the definition of professor Cláudia Lima Marques, over-indebtedness is the global impossibility of an individual to pay all their current and future consumer debts within a reasonable time with their current capacity for income and assets. Article 104-A of the CDC was created to allow this debtor a legitimate exit.
It was included by the Super-Indebtedness Law ( Law 14,181/2021 ). The topic is currently the target of a working group of the National Justice Council coordinated by minister Marco Buzzi to improve administrative procedures and facilitate the processing of cases. The definition of competence has the potential to impact many processes on the topic. According to Serasa, in January Brazil had 70 million people in default, due to 252.1 million debts whose combined value is R$232.2 billion. In his vote, minister Marco Buzzi highlights that the position of maintaining civil insolvency actions in the courts as state or federal has already been applied by several ministers of the STJ in monocratic decisions. He sees harm to the consumer in the dismemberment of facts. Firstly, because article 104-A of the CDC provides that all creditors participate in debt renegotiation. Secondly, the actions separately would violate the objective of the Over-Indebtedness Law: providing consumers with the opportunity to present a payment plan in order to pay off their debts. This will generate the risk of conflicting decisions between judgments regarding the credits examined.
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發表於 17:25:56