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2 clusters · 7 sources · 6 days · First seen · Last updated

STJ consumer litigation deliberations

Overview

The Superior Tribunal de Justiça (STJ) is deliberating on a decision regarding Theme 1.396, which may influence the social costs of consumer litigation. The court is considering whether consumers should be required to demonstrate that they attempted to resolve disputes directly with a service provider before initiating a lawsuit.

This deliberation aims to address the indirect costs associated with mass litigation, including legal department expenses and potential price increases passed on to consumers. Legal experts suggest that requiring proof of a resisted claim could help rationalize access to the justice system, provided the court maintains a balance between judicial efficiency and the fundamental right to seek legal recourse.

Entities

Superior Tribunal de Justiça · Tribunal de Justiça do Paraná · Associação Brasileira de Liberdade Econômica · Insper · Francisco Falcão

Timeline

  1. 22 days ago

    [POLITICS] 2 sources
    STJ considers requirement for consumers to seek prior resolution before litigation

    The Brazilian Superior Tribunal de Justiça is deciding if consumers must attempt to resolve disputes with providers before suing, a move that could impact the social and economic costs of mass litigation.

  2. 28 days ago

    [BUSINESS] 6 sources
    STJ prohibits use of corporate CSLL credits for personal debts

    Brazil's STJ ruled that controlling shareholders cannot use their company's CSLL tax credits to pay off personal debts under the Pert program, citing the principle of patrimonial separation.

Sources

conjur.com.br · fenacon.org.br · jornaldiadia.com.br · mauaagora.com.br · mauronegruni.com.br · ocp.news · veja.abril.com.br