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This article analyzes Law No. 13.786/2018, known as the "Distrato Law," and its impacts on the termination of real estate purchase and sale contracts in Brazil. It focuses on the significant changes introduced by the law, its effects on the parties involved, and the jurisprudence of the Superior Court of Justice (STJ). The article aims to provide a comprehensive overview of the legal and practical implications of the new legal provisions for the real estate sector, highlighting the rights and duties of buyers and sellers and how the new legislation has brought greater legal security to real estate transactions. Legal security is a fundamental principle in real estate law, ensuring predictability and stability in transactions. The introduction of Law No. 13.786/2018, the "Distrato Law," brought a new dynamic to contractual relationships in the Brazilian real estate market. This article explores the implications of this law, highlighting its legal provisions, the effects on the parties involved, and the interpretation of the STJ. 1988 Federal Constitution The 1988 Federal Constitution guarantees the right to property and freedom to contract, in accordance with the principles of the social function of the contract and objective good faith. Brazilian Civil Code The Civil Code (Law No. 10.406/2002) regulates contractual termination in its articles 421 to 426, establishing the general principles applicable to contractual relationships. Law No. 13.786/2018 Law No. 13.786/2018, the "Distrato Law," brought specific rules for the termination of real estate purchase and sale contracts, especially in real estate developments, subdivisions, and incorporations. This law amended provisions of Laws No. 4.591/1964 (Real Estate Incorporations Law) and No. 6.766/1979 (Subdivisions Law). Effects of Contract Termination Before 2018 Before Law No. 13.786/2018, contractual termination in the real estate sector was mainly regulated by the Civil Code and specific contractual provisions. The main consequences included: Refund of Amounts: The buyer was entitled to a refund of the amounts paid, generally in full or with moderate retention, depending on the contractual clauses. Retention: Retention was applied to cover administrative expenses and other costs. STJ jurisprudence varied, but generally allowed retentions of 10% to 25% of the amounts paid. Improvements: Compensation for improvements made by the buyer to the property, depending on the contractual specifications and the good faith of the parties. Compensation and Occupation Fee: Compensation of amounts and the occupation fee were less regulated, left to the discretion of the parties and court decisions. After 2018 With the introduction of Law No. 13.786/2018, there was more detailed regulation on contractual termination: Installment Refund: The law allows the installment refund of amounts paid by the buyer, up to the limit of 12 monthly installments. Retention: Retention was explicitly regulated, allowing the seller to retain up to 50% of the amounts paid by the buyer, depending on the case. Compensation and Occupation Fee: Compensation and the occupation fee became more clearly defined, allowing the seller to charge up to 0.5% of the contract value per month of occupation of the property by the buyer. Compensation for Improvements: Compensation for improvements made to the property must be expressly provided for in the contract, and its absence may result in the loss of the right to compensation by the buyer. Jurisprudence and the Position of the STJ Relevant Decisions The STJ has consistently aligned with the new legislation, applying the provisions of Law No. 13.786/2018 to balance the interests of the parties. Highlights include: REsp 1.729.593/SP: The STJ reaffirmed the validity of retention clauses, provided they are not abusive, and recognized the possibility of installment refunds according to the new law. REsp 1.599.511/SP: Decision that consolidated jurisprudence on the application of the occupation fee and compensation of amounts in real estate purchase and sale contracts. Rights and Duties of the Parties Buyer’s Rights Refund of Amounts: Right to a refund of amounts paid, with retention as provided by law and the contract. • Compensation for Improvements: Right to compensation for improvements made, if provided for in the contract. • Single or Installment Refund: Right to choose a single or installment refund, depending on the contract and legislation. Seller’s Rights Retention of Amounts: Right to retain a percentage of the amounts paid, as stipulated in Law No. 13.786/2018. Compensation and Occupation Fee: Right to charge an occupation fee and compensation of amounts for the buyer’s use of the property. Contractual Clauses: Right to include specific clauses in the contract, provided they are not abusive and comply with current legislation. Effects of Contract Termination Adjustment of Obligations Contractual termination results in significant financial adjustments, requiring the refund of amounts paid by the buyer and the application of retentions and occupation fees by the seller. Financial Impact Contractual termination can have a significant financial impact on both parties, requiring new financial planning and adaptation to the new conditions imposed by the termination. Judicial Precedents Judicial decisions applying Law No. 13.786/2018 serve as precedents for future cases, influencing the interpretation and application of contractual clauses and legal provisions. Conclusion Law No. 13.786/2018 brought greater clarity and legal security to contractual terminations in Brazilian real estate law. The STJ's actions in line with the new legislation have ensured balance in contractual relationships, protecting the rights of buyers and sellers. Proper application of legal and contractual provisions is essential to avoid abuses and ensure justice in real estate transactions.

Judicial precatories are fundamental instruments in Brazilian law to ensure the payment of public debts resulting from judicial decisions against public entities. This article aims to explore in detail the concept of precatory, its legal procedures, the social and economic impacts on public entities, and discuss future perspectives and measures to improve the management of these credits, avoiding common scams and frauds in this specific context. What is a Precatory? A precatory is a judicial order issued for public entities such as the Union, States, Municipalities, and Autonomous Entities to pay debts resulting from definitive judicial condemnations. It is recognized as a judicial enforcement title, granting the creditor a clear and certain right to the credit determined by the judicial decision. Generation of Precatory Precatories are generated after judicial decisions that condemn the public entity to pay a specific amount. They originate from various causes such as expropriations, tax executions, moral damages, and other judicial disputes, reflecting the need to comply with judicial decisions against the government. Origin and Nature of Precatory The origin of precatories is rooted in the Federal Constitution, especially in Article 100, which establishes the rules for the payment of public debts. Its legal nature ensures legal certainty to the creditor, based on the guarantee of compliance with judicial decisions. Timeline for Receipt The timeline for receiving precatories can be prolonged, depending on the financial availability of the debtor public entity and the chronological order of presentation of precatories. This can result in long waits for creditors, which has been the subject of legislative reforms and discussions to improve the speed of payments. Legal Procedure and Steps Request for Precatory: The creditor must request from the court responsible for the judicial decision the payment of the precatory, presenting all necessary documents proving the right to the credit. Inclusion in Budget: After the request, the precatory must be included in the budget of the debtor public entity, respecting the chronological order and priorities established by the Constitution and local regulations. Payment: Once included in the budget, the precatory is paid according to the financial availability of the public entity and following the chronological order of presentation, thus ensuring equity in the treatment of creditors. Caution to Avoid Scams and Frauds It is essential for creditors to be vigilant to avoid common scams and frauds involving precatories. This includes verifying the legitimacy of intermediaries offering services related to precatories, as well as seeking specialized legal guidance to ensure that all steps comply with current legislation. Homologation with the Federal Revenue Service For cases of buying and selling precatories, it is necessary to proceed with homologation with the Federal Revenue Service, ensuring the fiscal regularity of the operation. This process ensures that both the seller and the buyer comply with applicable tax norms. Alimentary Precatories Alimentary precatories have priority of payment over others, ensuring that credits related to food and other essential needs are treated with priority by debtor public entities. Precatory Auctions Precatory auctions are regulated mechanisms where creditors can sell their credits to interested third parties. These auctions are important to provide liquidity to creditors who need financial resources more immediately, following specific regulations to ensure legality and transparency of transactions. Economic and Social Impacts of Precatories Precatories have significant impacts both economically and socially: Economic Impact: Precatory payments can represent a considerable financial challenge for public entities, especially in periods of economic crisis, requiring strategic financial planning to ensure compliance with judicial obligations without compromising other essential budget areas. Social Impact: Compliance with precatories is vital to ensure social justice, providing creditors with resources that are often crucial for their basic needs and for improving their living conditions. Monitoring and Control Mechanisms Transparency in Payments: It is essential to promote transparency in precatory payment processes, disclosing detailed information about payment orders, the amounts involved, and the criteria adopted for the inclusion and prioritization of credits. Control Bodies: External control bodies, such as Courts of Auditors, play a fundamental role in overseeing the management of precatories, ensuring that procedures comply with legal and regulatory norms, as well as overseeing the correct use of public resources. Future Perspectives and Legislative Reforms Future perspectives for the precatory system include proposals for legislative reform and enhancements to: Payment Efficiency: Implement measures aimed at improving the management and speed of precatory payments, such as special payment regimes and modernization of control and monitoring systems. Transparency and Accountability: Reinforce transparency and accountability in precatory management processes, adopting technologies and practices that ensure greater access to information and participation of civil society in social control. Conclusion Judicial precatories play a crucial role in Brazilian legal order by ensuring compliance with judicial decisions against the government. However, their efficient management and observance of creditors' rights are continuous challenges that require constant improvement and adaptation of the legal system. The analysis of economic and social impacts, along with reform perspectives, contributes to a more comprehensive and critical understanding of the precatory issue in the national context. This article provides an integrated and informed view of the topic, offering insights not only on legal and procedural aspects but also on the social and economic implications of precatories, as well as the necessary measures to strengthen the system and promote more efficient and transparent public administration.

The non-contemplated letter of credit in consortiums offers a strategic opportunity for those looking to acquire high-value assets, such as real estate, in a planned and financially secure manner. This article aims to explore in detail the essential steps for acquiring a non-contemplated letter of credit, highlighting the legal and procedural aspects that must be considered to ensure an effective transaction free from legal complications. Choosing the Consortium Administrator Before starting the process of acquiring a non-contemplated letter of credit, it is essential to conduct a detailed research to select a reputable and trustworthy consortium administrator. This step involves: Market Research: Conducting a comparative analysis of available consortium administrators in the market, considering their reputation, track record of services provided, and feedback from previous clients. Credibility Analysis: Verifying if the administrator is duly authorized by the Central Bank of Brazil (Bacen) to operate in the consortium segment, ensuring its legality and compliance with current regulations. Contractual Conditions: Evaluating the contractual conditions offered by the administrator, including administrative fees, contemplation periods, possibility of quota transfer, and other clauses impacting the use of the non-contemplated letter of credit. Procedures for Acquiring the Letter of Credit After choosing the consortium administrator, the process of acquiring the non-contemplated letter of credit follows, including: Availability Check: Verifying with the administrator the availability of non-contemplated letters of credit, considering the desired amount and pre-established financial conditions. Purchase Proposal: Drafting a formal purchase proposal for the non-contemplated letter of credit, specifying the terms and conditions of the transaction. The proposal should be submitted to the administrator for analysis and approval. Contract Formalization: Signing a contract or addendum formalizing the acquisition of the non-contemplated letter of credit, establishing the obligations and rights of the parties involved in the transaction. Legal Analysis and Transaction Security To ensure the legal security of the transaction, it is advisable to: Review by Specialized Lawyer: Consult a lawyer specialized in contract law to review all terms of the non-contemplated letter of credit purchase contract, ensuring compliance with current legal norms. Clarity in Contractual Conditions: Ensure that all agreed conditions, such as fees, deadlines, and transfer rights, are clearly specified in the non-contemplated letter of credit purchase contract. Fulfillment of Contractual Obligations After formalizing the acquisition of the non-contemplated letter of credit, it is essential to comply with all established contractual obligations, including payment of any administrative fees and adherence to stipulated deadlines. Final Considerations The acquisition of a non-contemplated letter of credit requires a careful and diligent approach to ensure that all steps are conducted in accordance with legal norms and best market practices. By following the steps outlined in this article and relying on the guidance of specialized professionals, interested parties can acquire non-contemplated letters of credit safely and effectively, leveraging the advantages offered by consortium systems to plan their investments with peace of mind and legal compliance.

The use of a contemplated letter of credit in real estate consortiums represents a viable alternative for property acquisition, providing the contemplative consortium member an opportunity to realize their investment in a planned and secure manner. However, to ensure a transaction free from complications and to guarantee legal compliance, it is essential to follow a series of rigorous steps and seek guidance from professionals specialized in law. This article explores in detail the general steps for acquiring and utilizing a contemplated letter of credit, emphasizing the necessary legal precautions to avoid future complications. It covers aspects from verifying the initial contemplation of the letter to the final procedures of registration and release of remaining funds. Verification of Letter of Credit Contemplation Before proceeding with any negotiation or use of the letter of credit, it is fundamental to confirm its contemplation. This step involves: Requesting Documentation from the Assignor: The first step is to obtain all documents related to the contemplated letter of credit from the assignor, including the contemplation letter issued by the consortium administrator, payment statements, and official correspondences. Contacting the Consortium Administrator: It is crucial to directly verify with the consortium administrator whether the letter is indeed contemplated. Requesting written confirmation of the contemplation is crucial to obtain official validation. Checking Payment History: It is necessary to ensure that all installments up to the contemplation date were regularly paid, without any financial arrears that could compromise the validity of the letter of credit. Lawyer's Document Review: It is recommended to consult with a specialized lawyer to review all obtained documents, ensuring their authenticity and legal compliance. Negotiation of Contemplated Letter of Credit Upon confirmation of the letter of credit's contemplation, the negotiation phase begins, involving: Assignment Agreement: Negotiating and formalizing an assignment agreement with the holder of the letter of credit. This contract should clearly detail the conditions of the assignment, including any applicable discount on the letter's value. Approval by the Administrator: Requesting approval from the consortium administrator for the transfer of the letter of credit, providing all necessary documentation for analysis and approval of the process. Use of the Contemplated Letter of Credit Once the letter of credit has been properly transferred, the usage phase begins, including: Preparation of Trust Alienation Deed: Drafting the trust alienation deed with the assistance of a lawyer. This deed defines the use of the property as collateral and the financial terms applicable to the transaction. Signing and Registration of the Deed: Attending the Notary Public office to sign the trust alienation deed, ensuring all agreed terms are correctly formalized. Subsequently, registering the deed at the Real Estate Registry office to ensure its validity to third parties. Release of Letter of Credit and Return of Balance: Notifying the consortium administrator about the registration of the trust alienation deed. The administrator then proceeds to release the letter of credit, deducting any agreed amounts and returning the remaining balance according to established terms. Commencement of Installments After completing the procedures for using the letter of credit, the contemplative consortium member begins making monthly payments as stipulated in the original consortium contract. Final Considerations The acquisition and use of a contemplated letter of credit require diligence and legal knowledge to ensure all steps are securely conducted and in accordance with established norms. The guidance of a specialized lawyer is essential to mitigate legal risks and ensure the transaction proceeds smoothly, protecting the interests of the contemplative consortium member and ensuring the validity and security of the real estate investment. Therefore, by following the steps described in this article and seeking appropriate legal assistance, contemplative consortium members can conduct their transactions calmly and effectively, benefiting from the opportunities offered by real estate consortium systems with legal security.

This article examines contract termination in Brazilian real estate law, addressing the changes introduced by Law No. 13,786/2018, known as the "Distrato Law." It analyzes the effects of termination before and after 2018, including the phased return of values, retention of amounts, compensation for occupancy fees, and compensation for improvements. Additionally, it discusses the alteration of provisions in Laws No. 4,591/1964 (Real Estate Incorporations Law) and No. 6,766/1979 (Land Subdivision Law), as well as fiduciary alienation. It is based on current legislation, Superior Court of Justice (STJ) case law, and contracts between parties, including individuals, real estate companies, and developers. Contract termination is a central issue in real estate law, affecting both buyers and sellers. This article explores the effects of contract termination before and after the introduction of Law No. 13,786/2018, known as the "Distrato Law." The analysis includes the main legislative changes and their implications for the parties involved, covering real estate ventures, land subdivisions, incorporations, and fiduciary alienation. Federal Constitution of 1988 The Federal Constitution guarantees the right to property and freedom to contract, according to the principles of the social function of contracts and objective good faith. Brazilian Civil Code The Civil Code (Law No. 10,406/2002) regulates contract termination in Articles 421 to 426, establishing the general principles applicable to contractual relations. Law No. 13,786/2018 Law No. 13,786/2018, also known as the "Distrato Law," introduced specific rules for the termination of real estate purchase and sale contracts, focusing on real estate ventures, land subdivisions, and incorporations. The law amended provisions of Laws No. 4,591/1964 (Real Estate Incorporations Law) and No. 6,766/1979 (Land Subdivision Law). Real Estate Incorporations Law (Law No. 4,591/1964) The Real Estate Incorporations Law regulates the incorporation of real estate and defines the responsibilities of developers. The Distrato Law amended some provisions to include more specific rules on contract termination. Land Subdivision Law (Law No. 6,766/1979) The Land Subdivision Law regulates the subdivision of urban and rural land into lots, establishing rules for their commercialization. The Distrato Law introduced provisions that facilitate contract termination in these contexts. Fiduciary Alienation (Law No. 9,514/1997) The Fiduciary Alienation Law establishes rules for real estate credit granting and property transfer as collateral. Although the Distrato Law did not directly amend the Fiduciary Alienation Law, its provisions impact fiduciary alienation contracts, especially regarding contract termination. Effects of Contract Termination Before 2018 Before Law No. 13,786/2018, contract termination in the real estate sector was mainly regulated by the Civil Code and specific contractual provisions. The main consequences included: Return of Values: In case of termination, the buyer was entitled to the return of payments, usually in full or with moderate retention, depending on contractual clauses. Retention: Retention was applied to cover administrative expenses and other costs. STJ case law varied, but generally allowed retentions of 10% to 25% of payments. Improvements: Compensation for improvements made by the buyer in the property, depending on contractual specifications and good faith of the parties. Compensation and Occupancy Fee: Compensation and occupancy fees were less regulated, left to the parties and judicial decisions. After 2018 With the introduction of Law No. 13,786/2018, there was more detailed regulation on contract termination: Phased Return: The law allows phased return of payments by the buyer, up to a limit of 12 monthly installments. Retention: Retention was explicitly regulated, allowing the seller to retain up to 50% of payments by the buyer, depending on the case. Compensation and Occupancy Fee: Compensation and occupancy fees became more clearly defined, allowing the seller to charge up to 0.5% of the contract value per month of occupancy of the property by the buyer. Improvement Compensation: Compensation for improvements made on the property must be expressly provided for in the contract, and their absence may lead to loss of compensation rights for the buyer. Case Law and STJ Position Relevant Decisions The STJ has been consistent with current legislation, applying the provisions of Law No. 13,786/2018 to balance the interests of the parties. Notable decisions include: REsp 1,729,593/SP: The STJ reaffirmed the validity of retention clauses, provided they are not abusive, and recognized the possibility of phased return under the new law. REsp 1,599,511/SP: Decision that consolidated case law on the application of occupancy fees and compensation in real estate purchase and sale contracts. Rights and Duties of the Parties Buyer's Rights Return of Values: Right to the return of payments, with retention as provided for in law and the contract. Improvement Compensation: Right to compensation for improvements made, if provided for in the contract. Single or Phased Payment: Right to choose between a single payment or phased return, depending on the contract and legislation. Seller's Rights Retention of Values: Right to retain a percentage of payments, as stipulated in Law No. 13,786/2018. Compensation and Occupancy Fee: Right to charge occupancy fees and compensation for property use by the buyer. Contractual Clauses: Right to include specific clauses in the contract, provided they are not abusive and comply with current legislation. Effects of Contract Termination Adjustment of Obligations Contract termination results in significant financial adjustments, requiring the return of payments by the buyer and the application of retentions and occupancy fees by the seller. Financial Impact Contract termination can have a significant financial impact on both parties, requiring new financial planning and adaptation to the new conditions imposed by termination. Legal Precedents Judicial decisions applying Law No. 13,786/2018 serve as precedents for future cases, influencing the interpretation and application of contractual clauses and legal provisions. Conclusion Contract termination in Brazilian real estate law has been significantly regulated by Law No. 13,786/2018, bringing greater clarity and legal certainty to the parties involved. The STJ's alignment with the new legislation has ensured balance in contractual relations, protecting the rights of buyers and sellers. Correct application of legal and contractual provisions is essential to avoid abuses and ensure justice in real estate transactions.

This article addresses contract revision in Brazilian law, focusing on situations where the contractual performance becomes excessively burdensome for the buyer, constituting abuse by the seller. It analyzes the legal grounds for contract revision, including constitutional and infraconstitutional provisions, as well as the jurisprudence of the Superior Court of Justice (STJ). The article examines the rights and duties of the seller and buyer, highlighting the legal effects of contract revision. In a dynamic economic scenario, long-term contracts can become disproportionate, resulting in excessive burden for one of the parties. This article examines when and how it is possible to request contract revision in Brazil, based on legislation and STJ jurisprudence, and explores the effects of this revision for both seller and buyer. Federal Constitution of 1988 The Federal Constitution of 1988, in its Article 5, Section XXXII, ensures consumer protection. Contract revision is a protection mechanism aimed at ensuring balance in contractual relationships. Brazilian Civil Code The Civil Code (Law No. 10.406/2002) provides for the possibility of contract revision in Articles 478 to 480: Article 478: Allows for the termination of the contract in case of excessive burden resulting from extraordinary and unforeseeable events. Article 479: Provides for the possibility for the debtor to seek a reduction of the obligation to make the performance equitable. Article 480: States that termination can be avoided if the party favored by the excessive burden agrees to equitably modify the contract conditions. Consumer Protection Code (CDC) The Consumer Protection Code (Law No. 8.078/1990) also addresses contract revision: Article 6, Section V: Establishes as a basic consumer right the modification of contract clauses that establish disproportionate performances or their revision due to supervening facts that make them excessively burdensome. Jurisprudence of the Superior Court of Justice (STJ) Abuse and Excessive Burden The STJ has expressed its views in various rulings on the possibility of contract revision due to excessive burden. An example is REsp 1.280.825/SP, where the Court recognized the need to rebalance contracts that became disproportionate due to unforeseeable events. Right to Contract Revision In the judgment of REsp 1.386.424/RS, the STJ reaffirmed that the contract must be balanced and that the principle of the social function of the contract allows for its revision to prevent excessive harm to one of the parties. Characterization of Abuse Constitutive Elements To characterize abuse and justify contract revision, it is necessary to demonstrate: Excessive Burden: The performance has become disproportionate, causing severe harm to the debtor. Extraordinary and Unforeseeable Event: The event causing the burden could not have been foreseen or avoided by the affected party. Objective Good Faith: The affected party acted in good faith and did not deliberately contribute to the situation of burden. Procedure for Contract Revision Judicial Request Contract revision must be requested judicially, where the interested party must demonstrate the aforementioned elements. The judge will evaluate the request in light of contractual principles and applicable legislation. Proof of Excessive Burden It is essential to present documentary and expert evidence demonstrating the disproportion between the performances and the financial impact on the affected party. Rights and Duties of the Parties Buyer's Rights Revision of Performance: The buyer can request the revision of the performance value to adjust it to new circumstances. Contract Termination: In extreme cases, the buyer may seek contract termination. Seller's Rights Maintenance of the Contract: The seller can propose adjustments to maintain the contract, avoiding its termination. Equity: The seller has the right to negotiate terms that maintain contractual balance without causing significant harm. Effects of Contract Revision Adjustment of Obligations Contract revision can result in the reduction of performances, extension of deadlines, or other necessary adjustments to restore contractual balance. Financial Impact The revision can have significant financial impacts on both parties, requiring new planning and adaptation to the new contractual conditions. Judicial Precedents The judicial decision granting the revision can serve as a precedent for similar cases, influencing future contract interpretations. Conclusion Contract revision is an essential mechanism to ensure balance and fairness in contractual relationships, especially in scenarios of excessive burden. The Brazilian legal framework, through the Civil Code, Consumer Protection Code, and STJ jurisprudence, offers robust grounds for the protection of the involved parties. The diligent performance of the Judiciary is crucial to ensure that contracts continue to fulfill their social and economic function in a fair and balanced manner.

This article examines the effects of interdiction in Brazil, addressing the determination of incapacity, the legal procedures for managing the interdicted person's assets, and the necessary authorizations. It also analyzes the impact on companies, other assets, and heirs, as well as the role of the Public Prosecutor's Office. The analysis is based on the Civil Code, the Code of Civil Procedure, and case law from the Superior Court of Justice (STJ). Interdiction is an essential legal instrument to protect individuals who are incapable of managing their lives and assets due to mental illness or disabilities. This article explores the effects of interdiction on assets, companies, and other properties, detailing the necessary legal procedures for managing these assets, judicial authorizations, and the role of the curator. It also discusses the implications for heirs and the impact of the Public Prosecutor's opinion on the process. Civil Capacity and Interdiction The right to property and civil capacity is guaranteed by Article 5, Section XXII of the Federal Constitution of 1988. The Brazilian Civil Code (Law No. 10.406/2002) regulates civil capacity and interdiction in Articles 1,767 to 1,783. The Code of Civil Procedure (Law No. 13.105/2015) complements these provisions by detailing the judicial procedures. Role of the Public Prosecutor's Office The Public Prosecutor's Office acts as the guardian of the law in all interdiction processes, as provided in Article 178 of the Code of Civil Procedure. The Public Prosecutor intervenes to ensure the protection of the interests of the person to be interdicted, issuing opinions and supervising the curator's actions. Determination of Incapacity The interdiction process begins with the determination of incapacity through medical reports. The initial petition must be accompanied by documentary evidence that attests to the need for interdiction. Judicial Procedure The procedure follows these steps: Initial Petition: It can be filed by family members, the Public Prosecutor's Office, or any interested party (Article 1,768 of the Civil Code). Summons and Hearing: The person to be interdicted is summoned and heard by the judge, if possible. Appointment of an Expert: A court-appointed expert evaluates the condition of the person to be interdicted. Opinion of the Public Prosecutor: The Public Prosecutor issues opinions at all stages of the process. Interdiction Judgment: The judge may declare the interdiction and appoint a curator. Effects of Interdiction on Assets and Companies Management of Assets Upon interdiction, the interdicted person loses the ability to manage their assets. The court-appointed curator assumes this responsibility and must act in the best interest of the interdicted person, regularly accounting to the judge. Judicial Authorization for Management Acts Ordinary management acts, such as paying bills and maintaining assets, can be performed by the curator without judicial authorization. However, acts involving the disposal of assets, such as selling real estate or transferring company shares, require judicial authorization. Judicial Deposits The judge may order that significant amounts be deposited in court to ensure transparency and proper management of the interdicted person's resources. Impact on Heirs Succession Rights Interdiction does not alter the heirs' succession rights. However, it can influence the management and division of assets in the event of the interdicted person's death. Heirs may be required to participate more actively in asset management. Authorization for Disposal Acts The sale of assets that form part of the interdicted person's estate may require the consent of the heirs or a judicial hearing. Challenges in Asset Management Managing the assets of an interdicted person can be complex, especially when it involves companies or high-value properties. Bureaucracy and the need for judicial authorizations can make the process lengthy and costly. Effectiveness of Curatorship Curatorship aims to protect the interdicted person, but its effectiveness depends on the responsible and ethical conduct of the curator and the continuous supervision by the Public Prosecutor's Office. Case Law and the STJ's Position Relevant Decisions The Superior Court of Justice (STJ) has numerous decisions that reinforce the importance of interdiction and the role of the Public Prosecutor's Office. In cases like REsp 1.280.825/SP and REsp 1.698.774/MG, the STJ emphasized the need to protect the rights of the interdicted and ensure that the interdiction process is fair and appropriate. Interpretations and Guidelines The STJ interprets legal provisions to ensure that the interdicted person is protected from abuse and that their assets are managed transparently and responsibly. The decisions highlight the importance of accountability and oversight by the Public Prosecutor's Office. Conclusion Interdiction is a crucial protective measure in Brazilian law, ensuring that individuals incapable of managing their lives and assets receive the necessary care and proper management of their assets. The judicial process ensures that acts involving asset disposal are carried out with the necessary authorization and supervision, protecting the interests of the interdicted person and their heirs. The Public Prosecutor's role is essential to ensure legality and fairness in the interdiction process.

Purchasing real estate that is pending probate involves significant legal risks and complexities. This article discusses essential precautions that buyers must take to avoid losses and troubles, including document analysis, public records verification, and consultation with specialized professionals. The analysis also includes the implications of new deaths during the probate process and the need for adequate guarantees. Acquiring real estate in the probate process can seem like an attractive opportunity due to potentially below-market prices. However, such transactions carry a series of risks and require specific precautions to avoid future losses and troubles. This article explores the precautions buyers should take to ensure a safe and successful transaction. Succession Law and Probate Succession law in Brazil is governed by the Civil Code (Law No. 10.406/2002), which establishes the general principles for the distribution of assets after a person's death. The probate process is regulated by the Code of Civil Procedure (CPC, Law No. 13.105/2015), through which the transfer of property to heirs is formalized. Sale of Assets in Probate According to Article 618 of the CPC, the sale of estate assets (the set of assets left by the deceased) can only be carried out with judicial authorization. This measure aims to protect the interests of heirs and creditors. Judicial authorization is necessary to ensure that the sale is fair and legal, avoiding future legal disputes. Judicial Authorization The buyer must verify that the sale of the property pending probate has the necessary judicial authorization. Without this authorization, the transaction may be considered null, resulting in financial loss and legal complications. The authorization should be included in the probate case records, and the buyer should request a certified copy of this authorization. Verification of Heirs and Consent It is crucial to confirm that all heirs have agreed to the sale of the property. Lack of consent from one or more heirs can lead to the annulment of the sale. Additionally, it is essential to verify the legal capacity of the heirs, ensuring there are no minor or incapacitated heirs who require a legal representative to consent to the sale. Document Analysis and Property Registration The buyer should thoroughly analyze the property's documents, including: Updated property registration certificate: Check for any pending issues, liens, or litigation involving the property. Negative municipal debt certificate: Ensure there are no unpaid property taxes (IPTU) or municipal fees. Probate documentation: Verify the regularity of the probate process and the correct description of the assets. Consultation with Specialized Professionals Purchasing real estate in probate should be assisted by lawyers specialized in succession and real estate law. These professionals will ensure that all legal steps are correctly followed and that the buyer's interests are protected. Inclusion of New Heirs If an heir dies during the probate process, their own heirs will be entitled to their share of the inheritance. This can further complicate the transaction, requiring the probate process to be updated to include the new heirs. Buyers must be aware of this possibility and assess how it may affect the purchase. Adequate Guarantees To protect against future complications, buyers may request additional guarantees, such as: Escrow deposit of the sale value until the probate is finalized. Contractual clauses that provide for the resolution of the purchase in case of new heirs or legal disputes. Potential Risks The risks associated with purchasing real estate pending probate include the nullity of the sale due to lack of judicial authorization, disputes among heirs, and the existence of debts or liens on the property. New deaths during the process can introduce additional heirs and further complicate the situation. Risk Mitigation Mitigating these risks requires a cautious approach, including thorough document verification, obtaining judicial authorizations, securing all heirs' consent, and consulting specialized professionals. Additional contractual guarantees can offer an extra layer of protection for the buyer. Conclusion Purchasing real estate pending probate is a complex process that requires strict compliance with current legislation and attention to judicial decisions, including the possibility of property seizure. Judicial intervention is indispensable to protect the interests of all involved parties, ensuring that the sale of assets is carried out fairly and legally. The case law of the STJ and the provisions of the Civil Code and the CPC provide a robust framework for managing these processes, but practical challenges require a careful and well-informed approach.

This article examines the legal aspects of selling properties that are still under probate, especially when the heirs only have a partial interest in the assets, which are in the name of a legal entity. The analysis focuses on Brazilian legislation, including the Civil Code, the Code of Civil Procedure, the Federal Constitution, and relevant jurisprudence from the Superior Court of Justice (STJ). The study addresses the seizure of the asset and its implications for the heir's future share in the division, in addition to discussing how the heir can proceed to sell the necessary assets. The complexity of inventory procedures in Brazil increases when the assets involve real estate and the heirs only have a partial interest, especially when these assets are in the name of legal entities. This article seeks to clarify the procedures and legal restrictions for the sale of properties pending inventory, highlighting the situation in which the heir needs to sell inherited assets to obtain resources, and how he should proceed in the face of corporate participation and seizure of the asset. Inheritance and Inventory Law Inheritance law in Brazil is governed by the Civil Code (Law nº 10,406/2002), which establishes the general principles for the sharing of assets. During the inventory process, the administration and disposal of hereditary assets are regulated by the Civil Procedure Code (CPC, Law nº 13,105/2015). According to article 1,784 of the Civil Code, the inheritance is immediately transmitted to the heirs with the opening of the succession, but the effective sharing depends on the inventory process. Sale of Properties in Inventory According to article 618 of the CPC, the disposal of assets from an estate can only be carried out with judicial authorization. This measure aims to protect the interests of all heirs and creditors involved. The sale may be necessary to pay the deceased's debts or for the convenience of the heirs, but it always requires a specific judicial procedure. Pledge on Good Seizure on property is a precautionary measure provided for in article 831 of the CPC, used to secure outstanding credits in legal proceedings. When there is a seizure order on the property, it directly affects the rights of the heirs over the inventoried assets, and may obstruct the sale of properties until the judicial pending issue is resolved. STJ's position The Superior Court of Justice has consolidated its understanding of the need for judicial authorization for the sale of assets from an estate and the possibility of seizing the asset in inventory. In several rulings, the STJ reaffirms the protection of the rights of heirs and creditors, highlighting the importance of strict compliance with legal procedures. Heirs in a Business Society When heirs are partners in a company and only have a partial interest in the assets, the sale of those assets may involve additional complications. According to article 1,053 of the Civil Code, heirs' social shares are part of the inheritance and, therefore, subject to inventory. The participation of heirs in a business company requires special attention when calculating assets and dividing profits, which must be considered in the final sharing. Procedures for the Sale of Properties To sell a property pending probate, especially when the heir only owns fraction of the asset, the following steps are necessary: Judicial Authorization : The inventor must ask the judge for authorization to sell the property. The petition must justify the need for the sale, whether to pay the estate's debts or to distribute the resources among the heirs. Agreement between Heirs : Preferably, all heirs must agree to the sale. The lack of consensus can lead to legal disputes, further complicating the inventory process. Property Appraisal : It is necessary to carry out an official appraisal of the property to determine its market value. This ensures that the sale will be fair and appropriate. Auction or Direct Sale : The judge may order that the property be sold at auction or allow a direct sale, depending on the circumstances and the agreement between the heirs. Distribution of Resources : After the sale, the resources must be distributed according to the share of each heir in the estate, respecting any liens on the asset. Implications of Attachment to Assets The seizure of the asset directly affects the availability of the inventoried assets. According to article 831 of the CPC, the seizure is registered on the property, preventing its sale until the attached debt is satisfied. This measure guarantees the creditor's priority over the debtor heir's share, which may make the sale of the property unfeasible until the dispute is resolved. Conclusion The sale of properties pending inventory is a complex process that requires strict compliance with current legislation and attention to court decisions, including the possibility of seizure of the property. Judicial action is essential to protect the interests of all parties involved, ensuring that the disposal of assets is carried out in a fair and legal manner. The jurisprudence of the STJ and the provisions of the Civil Code and the CPC provide a robust framework for managing these processes, but the practical challenges require a careful and well-informed approach.

This article details the concept and function of family holdings as Key strategies for asset and business management. In addition to its structure and/or benefits, in addition to risk management, legal issues, family governance and succession planning, offering a comprehensive view of this instrument. Family holdings have stood out as crucial tools for the management and preservation of family assets throughout over time. This article offers an analysis of the strategies, benefits and challenges associated with these structures, highlighting their role in protecting family assets and business continuity across generations. 1.What is a Family Holding or Patrimonial: A family holding or Patriomial, in addition to being a company that owns and controls other companies or assets, plays a crucial role in managing financial risks and in the legal protection of family assets. The structure allows greater flexibility in investment strategies, ensuring diversification and growth of assets. 2.Benefits of Family Holding: In addition to asset protection and succession planning, family holding companies provide advantages in terms of tax efficiency and flexibility in investments. They are valuable instruments for managing financial and legal risks, offering a shield of protection against lawsuits and bankruptcies that could threaten assets. This business format can assist in succession planning, in addition to facilitating the donation and sharing of assets while still alive, in addition, it is no longer owned by people and becomes the name of the company, establishing attributions of each partner and prevent, for example, people who do not belong to the family from joining the company. This gives security to assets in situations such as marriages and separations. Furthermore, because the assets are managed by a legal entity, they are protected in the case of personal debts incurred by family members, that is, in the event of execution by a defaulting family member, this will not affect the holding's assets. 3.Legal, Tax and Governance Aspects: Family holding companies are subject to specific laws and regulations, varying by jurisdiction. It is crucial to explore these aspects, as well as the tax implications, to ensure legal compliance and maximize tax benefits. Furthermore, family governance plays an essential role in decision-making, resolving conflicts and establishing policies to ensure business continuity. 4.Succession Planning and Financial Education: A fundamental aspect is the structuring of succession planning, ensuring the adequate transfer of assets between generations (no inventory). Furthermore, the financial education of younger members is crucial to prepare them for future roles in managing the family holding company. 5.Case Studies and Practical Examples: The inclusion of real-world case studies offers valuable insights into how different families have utilized family holdings in their patrimonial and business strategies. These examples highlight successes, challenges faced, and lessons learned, providing a more practical and applied understanding. Conclusion: Family holdings represent a powerful tool for asset management and the continuity of family businesses. Although they present challenges, their ability to protection, succession planning and efficient management makes them attractive options for families who wish to preserve their assets and ensure business continuity throughout the generations, as well as assisting in succession planning, facilitating donation, sharing, still, however, transferred to a legal entity and/or protection in life of execution and/or marriage and separations, that is, it will not affect the holding's assets.

This article aims to analyze the effects of astreintes, as well as their limits and possibilities for review provided for in infra-constitutional and constitutional legislation. Astreintes are a type of daily fine imposed for non-compliance with a court order, with the aim of compelling the debtor to comply with the obligation determined by the judge. Information will be presented on the concept of astreintes, its practical effects, legal limits and possible types of review. In the legal sphere, the institute of astreintes aims to guarantee the effectiveness of the law, compelling the debtor party to fulfill an obligation determined by the judge. Astreintes are a form of punishment for non-compliance with a court order, establishing a daily fine that progressively increases until the obligation is fulfilled. This article aims to examine the effects of astreintes, their limits and the situations in which they can be revised, highlighting both the infra-constitutional and infra-constitutional legislation applicable to the topic. 1. Concept and effects of astreintes: Astreintes are daily fines applied with the aim of compelling the debtor to comply with a certain obligation imposed by the court decision. The value of the astreintes is set by the judge and its charge is proportional to the time of non-compliance with the obligation. This measure aims to guarantee the effectiveness of judicial protection and prevent default by the debtor. 2. Legal limits of astreintes: Astreintes are subject to legal limits and principles that aim to protect the fundamental rights of the parties involved. Among the applicable limits, the principle of reasonableness, the principles of proportionality and the prohibition of unjust enrichment stand out, as well as the limit established by article 537, §1, of the Code of Civil Procedure, which establishes the impossibility of the astrein exceed the value of the main obligation. 3. Possibility of reviewing the entrants: There are situations in which astreintes can be reviewed. According to infra-constitutional and infra-constitutional legislation, it is possible to request a review of the astreintes when there is a change in the factual situation that justifies its review or when its excessiveness or disproportionality is found. Furthermore, it is possible to request a review of the obligations in the event of a change in the debtor's financial conditions, upon proof of the impossibility of fulfilling the obligation. 4. Infraconstitutional legislation and applicable jurisprudence: The relevant legal provisions to regulate astreintes are found both in infraconstitutional legislation (e.g. Civil Procedure Code) and in jurisprudence. It is important to analyze the decisions of the higher courts to understand the guidelines adopted and the criteria used to establish and review the astreintes. Conclusion: Astreintes are fundamental legal instruments to guarantee compliance with obligations determined by the Judiciary. However, its use must be guided by the principles of reasonableness, proportionality and prohibition of unjust enrichment, respecting the established legal limits. It is necessary to carefully analyze the infra-constitutional and constitutional legislation applicable to the topic, as well as the current jurisprudence, in order to understand the effects, limits and situations in which the astreintes can be reviewed.

The interpretation and application of laws are fundamental aspects of the legal system, ensuring justice and equity in judicial decisions. However, the complexity of legal scenarios often creates difficulties in understanding and consequently in applying legal standards. This can lead to the imposition of exorbitant fines, resulting in unfair situations. 1. Difficulties in legal interpretation: The interpretation of laws is a challenging task due to their complex nature and the multiplicity of possible understandings. The courts and the Superior Court of Justice (STJ), as the body responsible for standardizing the interpretation of federal law, face difficulties in establishing a consensus on the criteria to be followed. 2. Complexity of concrete cases: Each legal case is unique, with its particularities and specific circumstances. The application of laws in these cases requires a thorough analysis, considering each aspect relevant to decision-making. However, this complexity often makes it difficult to reach a clear and objective conclusion, making it difficult to fairly apply fines. 3. Strictness of the procedure: Judicial procedures follow strict standards, established to guarantee the impartiality and legality of decisions. However, this rigidity can become a barrier to the flexibility necessary to adequately analyze each case on its own. A lack of room to consider specific circumstances can lead to exorbitant and unfair fines being maintained. 4. Exorbitant fines and injustice: When the difficulties of legal interpretation and the rigidity of the procedure combine, the result can be the imposition of exorbitant fines. These penalties may not proportionally reflect the seriousness of the infraction committed, harming justice and creating situations of injustice. Conclusion: The difficulty in legal interpretation, the complexity of the cases and the rigidity of the procedure contribute to the imposition of exorbitant fines, often resulting in injustice. To overcome these challenges, it is essential that the courts and the STJ seek to improve their interpretative capacity, establish clear criteria for the application of fines and make procedures more flexible to consider the particularities of each case. Only with these measures will it be possible to guarantee justice and equity in legal decisions.