The Court suspended a decision by the 4th Business Court that determined the immediate restitution of any and all amounts that creditors may have compensated, withheld and/or appropriated from the Americanas Group after the company revealed, on January 11, that it had discovered an accounting breach in the amount of R$ 20 billion. The decision of the 4th Business Court was maintained by a decision of the 15th Civil Chamberbut an injunction in favor of Banco BTG Pactual was issued by Judge Flávio Marcelo de Azevedo Horta Fernandes, from the Special Body of the Court of Justice of Rio de Janeiro (TJRJ).
With the granting of the preliminary injunction, the determination of immediate restitution of any and all amounts that the creditors may have compensated, withheld and/or appropriated is suspended only in relation to BTG Pactual, which filed the writ of mandamus against the decision.
The magistrate also determined the blocking of R$ 1.2 billion, corresponding to the compensation of BTG credits, in the account of the creditor bank until the judgment of the merits of the action in the collegiate of the Special Body of the TJRJ.
The 4th Corporate Court of Rio de Janeiro had determined the suspension of any blockage, seizure or attachment of assets of the Americanas Group, as well as the obligation to pay debts, until a possible judicial recovery plan is presented by the group within a period of 30 days. BTG Pactual filed an appeal against the decision, but the request was denied. In this way, the bank filed the writ of mandamus, now accepted, with the granting of the suspensive effect of the decision in the 2nd instance.
