Post by xyz3500 on Feb 21, 2024 23:31:33 GMT -8
By majority, the 1st Panel of the Superior Court of Justice reinstated a sentence that declared a popular action that sought the annulment of an assignment contract made between Codesp and Ferronorte. Author of the winning vote, Minister Napoleão Nunes Maia Filho considered the conclusion of the sentence correct when declaring the statute of limitations in the case, counting the statute of limitations provided for in the Popular Action Law from the publication of the contract. "It is true that the initial term of the statute of limitations for said action, as in all cases, is directly related to the principle of actio nata , in light of which the statute of limitations begins to run from the moment it arises the right that is intended to be discussed in court — that is, in the case under analysis, notably, the publication of the contract", explained the minister when justifying the granting of the resources.
He mentioned several judgments in which the STJ recognized that the time frame for the prescription of popular action is the publicity of the act damaging public property. "It is certainly due to the need for peace and tranquility that the legal institute of prescription values the effectiveness of time on men and their lives and things and their relationships, and recognizes its definitive pacifying effects", stated the minister, highlighting that prescriptibility is an important factor for the security Israel Mobile Number List and stability of legal relationships. In this case, a lawyer filed the class action in February 2003, five years and one month after the publication of the contract between the companies. The term in this case is five years. Appeal by the former director In the same trial, the 1st panel analyzed the appeal by the former director of Codesp Marcelo Azeredo, responsible for signing the first contract and included in the defendant side of the popular action.
He stated that he could not be sued within the scope of the popular action. Minister Napoleão Nunes Maia Filho stated that the requests made in the popular action do not have subjective relevance in relation to the former director, whose assets would not suffer any consequences due to the judgment of the validity or unfoundedness of the popular action. "It is therefore necessary to recognize his passive illegitimacy, as he did not perform the acts that correspond, in the material world, to the real object of the lease contract", summarized the minister when granting the appeal to exclude the former director from the passive pole of the action. With information from the STJ press office.
He mentioned several judgments in which the STJ recognized that the time frame for the prescription of popular action is the publicity of the act damaging public property. "It is certainly due to the need for peace and tranquility that the legal institute of prescription values the effectiveness of time on men and their lives and things and their relationships, and recognizes its definitive pacifying effects", stated the minister, highlighting that prescriptibility is an important factor for the security Israel Mobile Number List and stability of legal relationships. In this case, a lawyer filed the class action in February 2003, five years and one month after the publication of the contract between the companies. The term in this case is five years. Appeal by the former director In the same trial, the 1st panel analyzed the appeal by the former director of Codesp Marcelo Azeredo, responsible for signing the first contract and included in the defendant side of the popular action.
He stated that he could not be sued within the scope of the popular action. Minister Napoleão Nunes Maia Filho stated that the requests made in the popular action do not have subjective relevance in relation to the former director, whose assets would not suffer any consequences due to the judgment of the validity or unfoundedness of the popular action. "It is therefore necessary to recognize his passive illegitimacy, as he did not perform the acts that correspond, in the material world, to the real object of the lease contract", summarized the minister when granting the appeal to exclude the former director from the passive pole of the action. With information from the STJ press office.