The president of the Superior Court of Justice, Minister Humberto Martins, designated the court of the 1st Court of Bankruptcy and Judicial Reorganizations of São Paulo as the competent forum to decide urgent measures for executions against Viação Itapemirim in judicial reorganization. In addition, the minister suspended the acts of execution promoted by another court against the company.
The company is part of the Itapemirim group, also the controller of the ITA airline, which abruptly suspended its flights, leaving more than 45 thousand passengers without service this year. Some of them were surprised by the news of the suspension of company operations at the airport. The Ministry of Justice opened administrative proceedings on the case.
The decision on Viação Itapemirim was given on Thursday, 23, as part of a conflict of jurisdiction raised by the company. She claimed to the STJ that her appeals were unduly blocked by the court of law of the 3rd Special Civil Court of Belo Horizonte within the scope of an indemnity action. The information was released by the upper court.
The recovering company argued that only the bankruptcy court could rule on acts such as the blocking of assets. The judicial reorganization plan of the Itapemirim group was approved by the court of the 1st Court of Bankruptcy and Judicial Reorganizations of São Paulo in May 2019.
The company’s lawyers also argued that, due to the precipitous drop in sales due to the pandemic, the bankruptcy court ruled in May 2020 the impossibility of any restriction on the assets of the entire group under recovery – including revenues from Viação Itapemirim.
In analyzing the case, Minister Humberto Martins accepted the defense’s argument that only the bankruptcy court could have determined any type of restriction or blocking of values.
In the opinion of the minister, the law ‘determines that the decree of bankruptcy or the deferral of the judicial reorganization process implies the suspension of executions filed against the debtor relating to credits or obligations subject to judicial reorganization or bankruptcy’. Also according to Martins, this court is also responsible for deliberations on appeal deposits made in labor claims, even if carried out prior to the decree of bankruptcy or the granting of recovery.
“Even in relation to credits not subject to judicial reorganization, the reorganization court is competent to determine the suspension of acts of constriction that affect capital goods essential to the maintenance of business activity during the suspension period, which will be implemented through cooperation jurisdictional”, pondered the minister, recalling that the STJ already has precedents in this regard in the case of the recovery of the Itapemirim group.
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