Judge Luiz Alberto Carvalho Alves, of the 4th Corporate Court of the Capital, gave Banco Safra a period of 24 hours, after the subpoena, to refund the amount offset by way of payment of the letter of guarantee to the Americanas Group account. The magistrate accepted the request of the Americanas Group, which demonstrated that the bank failed to comply with a court decision and carried out new compensation on the grounds that the new credit would not be subject to judicial recovery.
The judge also assessed that the court decision to refund the values of Grupo Americanas, improperly withheld, was not fully complied with by Banco Votorantim, since the amounts were placed in an account without enabling the possibility of transfer and, subsequently, the judicial deposit was proven of said amount, requesting the impossibility of withdrawal by the debtor.
“Banco Votorantim used the command of the revoked decision to deposit the compensated amount in court. In this respect, I determine that the trustee, within 24 hours, justify the indispensability of withdrawing the entire amount, or partial thereof, as required for the cash flow and maintenance of Americanas’ activities, so that the eventual availability takes place in a timely manner. in a transparent and exact manner”, decided the judge.