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Judge Eduardo Henrique de Oliveira Ramiro, from the 15th Civil Court of the District of Belo Horizonte, increased the value of the freezing of assets of the partners of the online travel agency 123 Miles from R$50 million to R$900 million. In the decision, handed down last Tuesday (10/10), the judge says that the new value corresponds to the amount of unsecured debts reported by the defendants themselves in the files of the judicial recovery action.

 

Ramiro also maintained the decision to disregard the legal personality of the companies 123 Viagens e Turismo Ltda and Novum Investimentos Participações S/A, which allows the blocking of assets of the managing partners Augusto Julio Soares Madureira and Ramiro Julio Soares Madureira.

 

As the defendants recognized the existence of an economic group, the judge decided to extend the disregard of legal personality to the other companies in the 123 Milhas group (Art Viagens e Turismo LTDA, MM Turismo e Viagens S.A., Lance Hotéis LTDA and AMRM Holding LTDA). As a result, partner Tânia Silva Santos Madureira was also included as a defendant in the action.

 

 

The request that the legal personality of the company Caeli Publicidade e Propaganda LTDA be disregarded was rejected due to lack of evidence. “The fact that she (sic) allegedly received advertising and advertising funds from the other defendants, in itself, is not enough to conclude that they form part of the same economic group”, wrote Judge Ramiro.

 

The judge also did not accept requests that the 123 Milhas group disclose that it is in judicial recovery and refrain from carrying out new promotions. In the judge's opinion, this could, in theory, harm the companies' judicial recovery process.

 

As for financial institutions, the judge said that as they are not parties to the action, it would not be possible to force them to stop charging consumers who have not paid installments on unfulfilled contracts.

 

The action, filed by the Public Ministry of the State of Minas Gerais (MPMG), is being processed under number 5193820-81.2023.8.13.0024 at the Court of Justice of the State of Minas Gerais (TJMG).

 

When contacted, 123 Milhas informed that it has not yet been officially cited, but as soon as this happens it will appeal the decision within the legal deadline.

 

Judicial recovery

At the end of August this year, judge Claudia Helena Batista, from the 1st Business Court of the District of Belo Horizonte, accepted 123 Milhas' request and granted the company's judicial recovery (RJ) processing. At the time, the judge ordered the suspension of the actions against 123 Milhas, Hotmilhas and the holding company Novum, including lawsuits from private creditors of the joint partners.

 

The list of creditors of 123 Milhas, says the decision, exceeds 700 thousand people in an initial calculation, of which the majority are consumers. In this way, the judge admitted the intervention of all collaborating bodies that can inform, mediate, present proposals and supervise the procedural steps in the processing of the judicial recovery of 123 Milhas.

 

The judge stated that 123 Milhas and the other companies that requested judicial recovery have in their favor the fulfillment of the objective criteria provided for in the legislation and the presumption of good faith that their objective is to resolve the debts and resolve their unfulfilled commitments in the best possible way. possible way.

 

“At the same time, the Judiciary will use the necessary means to promote transparency and provide justice to all consumers and creditors affected by the company’s crisis”, she states.

 

The judicial recovery process is being processed under number 5194147-26.2023.8.13.0024.

 

CAROLINA INGIZZA – Reporter in São Paulo, covers Justice and politics. Graduated in Journalism from the University of São Paulo. Before JOTA, she covered politics, economics and business for the Financial Times and Exame magazine.