Post by xyz3000 on Feb 12, 2024 3:34:18 GMT -5
The Guidance Institute for Housing Cooperatives of Rio Grande do Norte and Paraíba, accused of not delivering housing units in a project it managed, managed to recover its assets and those of its directors, which had been unavailable since 2003, which led to a total shutdown of its activities. activities. The decision is made by the president of the Superior Court of Justice, Minister Edson Vidigal. The minister suspended the effects of the second instance decision until the judgment of a Special Appeal on the matter, as he understands that there is a risk of irreparable damage to the company, as the unavailability of the goods compromises the continuity of activities.
For Vidigal, the injunction is justified by urgency, as the state court's decision could affect the operability of commercial businesses. The president of the STJ also considered that there is credibility in the Institute's reasons, which demonstrates the possibility of success in the analysis of the main cause. The injunction granted must still be confirmed, in a judgment on the Estonia Email List merits, by the ministers of the 4th Panel of the STJ. The unavailability of the Institute's assets was the result of a Public Civil Action filed in 2003 by the Public Ministry of Rio Grande do Norte, in defense of consumers who purchased housing units in projects managed by the Cooperativa Autofinanciável do Rio Grande do Norte and the Institute.
The first degree court determined the unavailability of the Institute's assets, its directors and the breach of banking and tax secrecy. The Court of Justice of the State of Rio Grande do Norte denied the Institute's appeal, considering the case to be “permissible to adopt measures such as breaking banking and tax secrecy”, as long as they were requested by the MP and justified. The Institute filed a Special Appeal with the STJ, still pending judgment, but which from now on suspends the effects of that decision. The Institute maintains, among other arguments, that it never entered into any contract with the allegedly injured consumers, as its activity was limited to providing advice to cooperatives.
For Vidigal, the injunction is justified by urgency, as the state court's decision could affect the operability of commercial businesses. The president of the STJ also considered that there is credibility in the Institute's reasons, which demonstrates the possibility of success in the analysis of the main cause. The injunction granted must still be confirmed, in a judgment on the Estonia Email List merits, by the ministers of the 4th Panel of the STJ. The unavailability of the Institute's assets was the result of a Public Civil Action filed in 2003 by the Public Ministry of Rio Grande do Norte, in defense of consumers who purchased housing units in projects managed by the Cooperativa Autofinanciável do Rio Grande do Norte and the Institute.
The first degree court determined the unavailability of the Institute's assets, its directors and the breach of banking and tax secrecy. The Court of Justice of the State of Rio Grande do Norte denied the Institute's appeal, considering the case to be “permissible to adopt measures such as breaking banking and tax secrecy”, as long as they were requested by the MP and justified. The Institute filed a Special Appeal with the STJ, still pending judgment, but which from now on suspends the effects of that decision. The Institute maintains, among other arguments, that it never entered into any contract with the allegedly injured consumers, as its activity was limited to providing advice to cooperatives.