6/29/2022
The article 219 of the Civil Procedure Code establishes that the counting of any procedural term shall be computed only in business days.
However, the article 8 of Law n. 11.101/2005, which regulates the judicial restructuring and bankruptcy of businessmen and business companies, establishes that within 10 days from publication, any party may file an opposition against the list of creditors to the judge.
In this sense, there is a pertinent and complex discussion about the validity of such provisions.
In this context, the 4th Chamber of the Brazilian Superior Court of Justice (STJ) has recently analyzed the issue and defined that the period should be count in consecutive days, because this would fit with the specialization of the procedure provided.
The case analyzed by the STJ (Internal Appeal in Special Appeal 1830738/RS) was about the defense that the combined reading of article 8 of the referred Law and article 219 of the CPC led to the conclusion that the time limit for an opposition should not be counted in consecutive days, but rather in working days.
The STJ rejected the appeal, arguing the CPC applies to bankruptcy and judicial restructuring proceedings only in a subsidiary manner.
Furthermore, it was argued that the Special Law for its procedure is guided by speed and effectiveness, imposing specific, brief, and continuous deadlines.
According to Justice Antônio Carlos Ferreira, the issue was, in fact, later solved by Law 14.112/2020, which provides that “all time limits provided for therein or arising therefrom shall be counted in consecutive days”.
Therefore, caution is recommended to all those who hold credits subject to judicial reorganization, so that they adopt the necessary measures to safeguard their rights as soon as they are notified of this.
Coauthors: Ulisses Simões da Silva and Giovanna Machado Franhani
