RE: Anyone who wants to translate....19 Jun 2021 14:49
Unresigned, ANGLO FERROUS filed a special appeal based on art. 105, III, a, of the CF, alleging the violation of arts. 485, VI, §§ 3 and 7, 505 and 1,022, II of the NCPC; and 50 and 1032 of CC/02, by sustaining (1) lack of reasoning and denial of jurisdictional provision, as the State Court failed to consider the arguments supporting its thesis that it does not hold responsibility for the debt contracted by ZAMIN AMAPÁ, which would rule out the obligation to pay debt contracted by a legal entity of an economic group to which it was not a part; (2) inexistence of evidential evidence of the subjective element of the patrimonial confusion or of the misuse of purpose to give rise to the liability of the partners resulting from the disregard of the legal personality; and (3) need to release the amounts unduly pledged (e-STJ, pages 314/383).
The counterarguments were presented (e-STJ, pages 387/399).
The noble appeal admitted (e-STJ, pages 285/289)
It's the report.
DECIDE.
The special feature deserves to thrive.
In terms of plan, it is worth noting that the provisions of the NCPC, with regard to the admissibility requirements of resources, are applicable to the specific case under the terms of Administrative Statement No. 3, approved by the STJ Plenary at the session of 3/9/2016:
Appeals filed based on CPC/2015 (relating to decisions published as of March 18, 2016) will be subject to the appeal admissibility requirements in the form of the new CPC.
(1) Denial of jurisdictional provision
The TJAP, when analyzing the motion for clarification, incurred in omissions related to the arguments supporting its thesis that it does not hold responsibility for the debt contracted by ZAMIN AMAPÁ, which would rule out the obligation to pay the debt contracted by a legal entity of an economic group of which it does not was part of.
It is a sine qua non for the knowledge of the special that the question of law mentioned in the appeal reasons has been analyzed by the appealed judgment.
Thus, the TJAP refusing to comment on federal issues ended up denying jurisdictional provision to the Appellant.
By the way: