Two companies in bankruptcy proceedings had requests for injunctions granted by the President of the Superior Court of Justice (STJ), Justice Laurita Vaz, so that enforcement proceedings brought by the Labor Justice system are suspended. In both cases, the Justice designated the universal court of bankruptcy and judicial reorganization to decide, provisionally, on the urgent measures involving the companies’ assets.
The requests were made in conflicts of jurisdiction that address asset-blocking acts carried out in labor claims pending before specialized courts in São Paulo and Minas Gerais. According to the companies, after the declaration of bankruptcy, decisions on any constriction of credits belonging to the bankruptcy estate would fall to the universal court.
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Justice Laurita Vaz emphasized that the Superior Court of Justice has the consolidated understanding that acts of enforcement of individual credits brought against companies in bankruptcy or reorganization, under Decree-Law 7,661/45 (Decree-Law 7,661/45) or Law 11,101/05 (Law 11,101/05), must be under the responsibility of the universal court, even if the 180-day suspension period provided for in Article 6 of the Bankruptcy and Judicial Reorganization Law has elapsed.
The President of the STJ also cited the court’s case law to the effect that, after the bankruptcy petition is granted, enforcement acts relating to labor credits affecting the assets of the bankruptcy estate must be processed within the scope of the universal court, even in cases of prior attachment.
After granting the injunctions, the Justice ordered the case records to be sent to the Federal Public Prosecutor’s Office for an opinion.
Source consulted: STJ – Superior Court of Justice
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