Post by xyz3800 on Feb 28, 2024 5:33:52 GMT
The results of the research demonstrate that, between 2005 and 2008, there was no judgment by the TJ-SP regarding the matter, and only from 2018 onwards did the discussion about granting judicial recovery to rural entrepreneurs reach the court in greater volume, which This could be due to two hypotheses: either (i) the economic agents did not request judicial recovery, or (ii) until then there were no major controversies regarding the requirements for concession. Furthermore, it is noted that only in two judgments [2] did the TJ-SP attribute a constitutive nature to registration with the Commercial Board, so the option of not registering should be interpreted as the intention of not being equated with the business regime and that Therefore, subsequent registration could not have a retroactive effect in order to reach previously concluded transactions.
However, this is the minority understanding, since in more than 90% of the judgments analyzed, the TJ-SP attributed a declaratory nature to the registration with the Commercial Board. As a consequence of this understanding, for the granting of judicial recovery, it would be enough to prove that the activity has been carried out for more than two years and the registration on a date prior to the request (not necessarily at least two years ago): Despite possible Exit Mobile Number List criticisms of one or another understanding, the stabilization of jurisprudence on the matter is extremely important, in order to make economic relations safer, for the entrepreneur and rural business society, and also for the economic agents that interact with them. In the next column, we will see what the STJ's position is also regarding the granting of judicial recovery processing for rural producers and compliance with the requirements for its granting.
What the market proposes, however, is that there be flexibility and balanced interventions on the part of public entities and associative entities when launching and planning real estate projects, as, in addition to such factors having a negative influence on reducing the existing housing deficit in the city, and in the country in general, such obstacles prevent the city itself from growing. Issues such as zoning, strategic master plan, size (height) of projects and others of an environmental nature could be reviewed, even if to make certain iconic and special projects and ventures viable, as the benefit accrued to society, without a doubt, would be great, in addition of the city's prominence in the international real estate market.The rules on free enterprise do not imply the elimination of administrative police power. State regulation of private autonomy is indispensable. But the realization of constitutionally protected values requires that regulation not be a manifestation of subjective intuitions or political opportunism.
However, this is the minority understanding, since in more than 90% of the judgments analyzed, the TJ-SP attributed a declaratory nature to the registration with the Commercial Board. As a consequence of this understanding, for the granting of judicial recovery, it would be enough to prove that the activity has been carried out for more than two years and the registration on a date prior to the request (not necessarily at least two years ago): Despite possible Exit Mobile Number List criticisms of one or another understanding, the stabilization of jurisprudence on the matter is extremely important, in order to make economic relations safer, for the entrepreneur and rural business society, and also for the economic agents that interact with them. In the next column, we will see what the STJ's position is also regarding the granting of judicial recovery processing for rural producers and compliance with the requirements for its granting.
What the market proposes, however, is that there be flexibility and balanced interventions on the part of public entities and associative entities when launching and planning real estate projects, as, in addition to such factors having a negative influence on reducing the existing housing deficit in the city, and in the country in general, such obstacles prevent the city itself from growing. Issues such as zoning, strategic master plan, size (height) of projects and others of an environmental nature could be reviewed, even if to make certain iconic and special projects and ventures viable, as the benefit accrued to society, without a doubt, would be great, in addition of the city's prominence in the international real estate market.The rules on free enterprise do not imply the elimination of administrative police power. State regulation of private autonomy is indispensable. But the realization of constitutionally protected values requires that regulation not be a manifestation of subjective intuitions or political opportunism.