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Conflict of jurisdiction

President of the Superior Court of Justice maintains execution against 123 Milhas company

Herman Benjamin highlighted that the blocking attempt via Sisbajud was unsuccessful and that there is no urgency in granting the injunction.

From the Editors

 

Monday, February 3, 2025

 

Updated at 10:42

 

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The president of the STJ, minister Herman Benjamin, denied the request for a preliminary injunction from 123 Viagens e Turismo Ltda., a member of the 123 Milhas Group, which sought to suspend an execution determined by the 3rd civil court of São Caetano do Sul/SP.

 

The decision was taken within the scope of the conflict of jurisdiction instituted by the company against the court that ordered compliance with the sentence.  

 

The impasse arose after the 3rd civil court of São Caetano do Sul ordered compliance with a sentence, on the grounds that, on the date of the request for judicial recovery, the claimant's credit had not yet been definitively constituted.

 

123 Viagens contested the decision, arguing that the executive action was distributed on the same day as the recovery request and that, therefore, the amounts should be included in the payment plan.  

 

 

 

STJ denies request to suspend execution against 123 Milhas company in recovery. 

To the STJ, 123 Viagens claimed that the execution should be suspended, as the amounts would be subject to the judicial recovery process underway at the 1st corporate court of Belo Horizonte.

 

The company argued that, since the granting of the judicial recovery of the 123 Milhas Group, only this court would have jurisdiction to decide on measures that affect its assets.  

 

The company also expressed concern about the possibility of new attempts to block assets via Sisbajud, especially in the "stubborn" mode, which, according to it, could lead to undue losses and violate the principle of parity between creditors.  

 

In view of this, he requested a preliminary injunction to suspend the execution, the transfer of amounts already blocked to an account linked to the judicial recovery and the recognition of the exclusive jurisdiction of the 1st corporate court of Belo Horizonte to decide on acts involving his assets.  

 

When assessing the request, Minister Herman Benjamin concluded that there was no evidence of an imminent risk of assets being frozen against the company, thus removing the urgency requirement necessary for granting the injunction.

 

It appears that the periculum in mora is not evident, since there was no effective proof of the imminence of the practice of coercive acts against the instigating company, he stated.  

 

The judge also highlighted that the decision that rejected the defendant's objection and approved the debt calculations was issued on August 29, 2024, and is not a recent fact.

 

Furthermore, it was pointed out that the attempt to seize funds via Sisbajud, carried out on November 11, 2024, was unsuccessful. Given the lack of evidence of a current judicial constraint or the imminent release of funds to the creditor, the request for an injunction was denied.  

 

The case will be processed within the scope of the 2nd section of the STJ, under the reporting of Minister João Otávio de Noronha.

 

Case :  CC 211.000

Read the decision .

 

With information from STJ.

 

 link: https://www.migalhas.com.br/quentes/423923/presidente-do-stj-mantem-execucao-contra-empresa-da-123-milhas