The 3rd vice-president of the Court of Justice of Rio de Janeiro (TJRJ), judge José Carlos Maldonado de Carvalho, granted an injunction to the Americanas Group, suspending the effects of the decision handed down on March 21 by the 18th Chamber of Private Law of the court. With the decision, the date of January 12, 2023 is reestablished as the initial term of the judicial recovery of Americanas.
The preliminary injunction restores the decision of the head judge of the 4th Business Court, Paulo Assed Estefan, which prohibits the raising of amounts that have been determined due to the judgment as of this date.
Judge Maldonado de Carvalho accepted the special civil appeal filed by the Americanas Group against Banco Safra which, with the decision of the 18th Chamber of Private Law of the TJRJ, established the date of January 19 as the initial term of suspension of all actions and executions against the Group, had recovered the right to promote compensation in the amount of R$ 95 million, referring to credits with the Americanas Group.
“In view of the foregoing, I grant the request formulated herein to assign an active suspensive effect to the special appeal filed in the record of the interlocutory appeal, in order to immediately suspend the effects of the judgment issued by the 18th Chamber of Private Law on 3/21 /2023, keeping 1/12/2023 as the initial term of the judicial recovery, under the terms of the decision issued by the recovery court”, detailed the magistrate in the decision.
emergency guardianship
In the injunction, the judge highlighted the interpretation of several courts where they have admitted – without reservations – the appropriateness of urgent guardianship in an antecedent character, preparatory to the recovery process.
“The basis for the granting of precautionary relief of a prior nature to a request for judicial recovery was located precisely in the preservation of the survival of the Americanas Group, in which a pre-bankruptcy state was announced that recommended the anticipation of some of the effects of the judicial recovery before the huge number of shareholders, customers, suppliers and jobs involved in the business. This scenario still seems to last, hence the urgency of the jurisdictional provision now invoked”, said the judge Maldonado de Carvalho.
