Post by account_disabled on Mar 11, 2024 5:12:53 GMT
A case against Banco do Nordeste do Brasil (BNB), worth almost R$ million, was dismissed by the th Panel of the Superior Court of Justice. The execution resulted from a lawsuit filed by Indústrias Dureino SA, based in Piauí.
The name of Dureino and four other people linked to the company appeared in restrictive credit registers, including the Central Bank Information System (Sisbacen). According to them, the bank failed to comply with a court order to exclude the names from the list of defaulters.
Before the names were included, BNB was already Dureino's creditor in two contracts. The first, which concerned the transfer of external resources, was worth US$ million. The second, referring to the industrial credit note, was set at R$ Austria Phone Numbers List million. Problems in the relationship between creditor and debtor led those responsible for the industry to obtain an order to remove the names of all debtors. The determination was made by the st Civil and Public Records Court of Teresina.
In addition to the exclusion of names, the court order was for the release of resources from BNB's Northeast Investment Fund (Finor) to Dureino. Failure to follow the order would result in a daily fine of R$, However, the determination was disrespected. Therefore, those responsible for the company filed enforcement proceedings to collect a fine.
For BNB, the execution, before the final judgment, is unreasonable. Furthermore: he claimed that there is illegitimacy in the case because the bank's obligation consisted only of releasing installments related to Finor to the industry. Because of this, the defense believes, the fine should only be applied if the order was not complied with, and not due to the removal of the company's name from the register.
The rapporteur of the appeal, Minister Luís Felipe Salomão, believes that “it is irrefutable that the execution could not have been initiated”. For him, the court order that would require payment of the fine referred to the release of Finor's resources. Furthermore, the rapporteur considered that, even if this were not the case, BNB would not have the obligation to remove company data from Sisbacen — a practice that is the responsibility of the Central Bank. With information from the STJ Communications Office .
The name of Dureino and four other people linked to the company appeared in restrictive credit registers, including the Central Bank Information System (Sisbacen). According to them, the bank failed to comply with a court order to exclude the names from the list of defaulters.
Before the names were included, BNB was already Dureino's creditor in two contracts. The first, which concerned the transfer of external resources, was worth US$ million. The second, referring to the industrial credit note, was set at R$ Austria Phone Numbers List million. Problems in the relationship between creditor and debtor led those responsible for the industry to obtain an order to remove the names of all debtors. The determination was made by the st Civil and Public Records Court of Teresina.
In addition to the exclusion of names, the court order was for the release of resources from BNB's Northeast Investment Fund (Finor) to Dureino. Failure to follow the order would result in a daily fine of R$, However, the determination was disrespected. Therefore, those responsible for the company filed enforcement proceedings to collect a fine.
For BNB, the execution, before the final judgment, is unreasonable. Furthermore: he claimed that there is illegitimacy in the case because the bank's obligation consisted only of releasing installments related to Finor to the industry. Because of this, the defense believes, the fine should only be applied if the order was not complied with, and not due to the removal of the company's name from the register.
The rapporteur of the appeal, Minister Luís Felipe Salomão, believes that “it is irrefutable that the execution could not have been initiated”. For him, the court order that would require payment of the fine referred to the release of Finor's resources. Furthermore, the rapporteur considered that, even if this were not the case, BNB would not have the obligation to remove company data from Sisbacen — a practice that is the responsibility of the Central Bank. With information from the STJ Communications Office .