A governança corporativa em empresas familiares tem ganhado cada vez mais relevância no cenário empresarial brasileiro, no qual cerca de 90% das empresas possuem controle familiar. A ausência de um planejamento adequado para a sucessão do negócio e a dificuldade de manter a harmonia nas relações familiares, em muitos casos, culminam no fracasso da empresa […]
CPDMA BLOG
Category: News
Date: April 10, 2019
Posted by: Gustavo Manica
STJ defines an appropriate appeal against the decision that judges the first phase of the action to demand accounts
The 3rd class of the STJ decided this Tuesday, 9, on which appeal to be brought against the decision that judges the first phase of the action to demand accounts. The case was reported by Minister Nancy Andrighi.
The case dealt with art. 550, §5 of CPC/15, which provides:
"Art. 550. Anyone who claims to be the holder of the right to demand accounts shall request the summons of the defendant so that he can provide them or offer a defense within a period of 15 (fifteen) days. (...)
§ 5 The decision that judges the request to be valid will condemn the defendant to render the accounts within a period of 15 (fifteen) days, under penalty of not being lawful to challenge those presented by the plaintiff."
According to the minister's understanding, “if this decision is valid, it is a partial decision on the merits and then there is the grievance. If it is unfounded, it can be appealed.”
In the specific case, the minister partially granted the request to partially uphold the request and continue in the second phase of the action to demand accounts.
The group's decision was unanimous.
Source: Migalhas Portal.
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