On August 27, the Superior Court of Justice (STJ) will hold a joint public hearing to discuss, under the procedure of repetitive appeals, the consequences in case of delay in the delivery of real estate. The event will take place in the plenary of the Second Section of the STJ, at 11 a.m.
Theme 970 addresses the possibility of cumulating compensation for loss of profits (lucros cessantes) with the penalty clause for the seller’s default, due to the delay in the delivery of real estate under construction.
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Theme 971, in turn, deals with the possibility of inversion against the construction company, for the same reason, of the penalty clause stipulated exclusively for the buyer.
The public hearing was convened by Justice Luis Felipe Salomão. The justice considers that the meeting may gather important elements to support the judgment, given the “evident social, economic and legal transcendence” of the precedents that will be set by the section.
How to participate
Those interested must express their wish to participate in the hearing and indicate speakers by August 10. In the case of Theme 970, the requests must be sent to the e-mail tema970@stj.jus.br. For Theme 971, the requests must be sent to the e-mail tema971@stj.jus.br.
Those wishing to participate must indicate their position on the theme under analysis. In this way, it will be possible to achieve a plural composition of the panel of speakers, as provided for in article 186, paragraph 4, item II, of the Internal Rules of the STJ.
The list of qualified participants and the speaking time of each one will be set according to the number of registrants, the relevance of the participation and the guarantee of the presentation of different opinions on the themes discussed.
More than six thousand actions are suspended in the Brazilian justice system. They await the establishment of the two repetitive theses by the private law panel, according to the STJ’s repetitive appeals page. On it, the interested party can consult details of the affected theme and follow its processing.
Source: Press Office STJ
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