Cesar Peres Dulac Müller logo


Date: April 10, 2019
Posted by: CPDMA Team

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.


Recent posts

Misuse of a trademark by a former partner can be recognized not only as unfair competition, but also as bad faith.

On February 14, the newspaper "Valor Econômico" published an article in which it was pointed out that the São Paulo Court of Justice had recognized unfair competition in the improper use of a trademark by a former partner. The article, however, does not give the number of the case in which it would be possible to analyze more details of the decision, but it does inform that the individuals had signed a [...]

Read more
The first sanctions applied by the National Agency for the Protection of Personal Data (ANPD) were a wake-up call for companies: the LGPD is a serious law and must be complied with.

The General Personal Data Protection Law - Law No. 13,709/18 (LGPD) was published in 2018 and came into force in 2020. This deadline was given to public and private legal entities (processing agents) that collect, store or process the personal data of individuals, in Brazil or abroad, in order to [...]

Read more
Business position on the recent STF decision that ruled that it is constitutional for trade unions to charge assistance contributions

Recently, the Federal Supreme Court (STF) unanimously ruled that unions can collect an assistance contribution, including from non-member employees, in ARE 1.18.459 (Topic 935 of the General Repercussion), as long as the worker is guaranteed the right to object, establishing the following thesis: "it is constitutional to establish, by agreement or [...]

Read more
The new chapter in the legal dispute involving the term "HELLES", registered as a 'trademark'.

Recalling the case... It all started at the beginning of 2019, when the brewery Fassbier gave extrajudicial notice to a series of breweries in Rio Grande do Sul for the alleged misuse of the term HELLES, claiming to have exclusive use of the expression, given that the word was registered as a trademark. Not satisfied with [...]

Read more
Suspension of labor executions against companies in the same economic group

In a recent decision, the STF suspended the processing of labor executions that discuss the inclusion, in the execution phase, of a company that is part of an economic group that did not participate in the knowledge process. In labor proceedings, when the execution phase is reached and the main debtor does not have enough assets to pay the debt, many [...]

Read more
STJ decides that the legal personality of a civil association can be disregarded, but limits liability to the directors

The 3rd Panel of the Superior Court of Justice (STJ) [1] dismissed a special appeal filed by the directors of a civil association, which had its legal personality disregarded in a case involving the improper use of a trademark. The Court, in a judgment drafted by Justice Marco Aurélio Belizze, held that the disregard of [...]

Read more
linkedin Facebook pinterest youtube lol twitter Instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter Instagram