Post by anik4200 on Feb 18, 2024 6:29:48 GMT -5
Decided to temporarily suspend the judge's implementation of the guarantees until the decision was endorsed by the Court's Plenary. The decision revoked another injunction, granted by Minister Dias Toffoli a week earlier. In the decision, Toffoli postponed the effectiveness of the instrument in the courts for up to 180 days and suspended two articles of the "anti-crime" Law (Law 13,964/2019). Furthermore, in an ordinance, he increased the term of the working group that dealt with the issue at the National Council of Justice. In December 2020, the Institute of Penal Guarantees (IGP) filed a request for Habeas Corpus with the Supreme Court to force the Court to address the issue. The rapporteur, Minister Alexandre de Moraes, denied the request .
In 2021, Fux called a public hearing on the topic, but, as president of the Court, he no longer scheduled the case for 2022.The 3rd Panel of the Superior Court of Justice recognized that large companies incorporated under the legal form of a limited liability company are not obliged to publish their financial statements in the Official Gazette and in a newspaper with mass circulation, prior to filing with the Commercial Board. reproduction Reproduction Law 11,638/2007 does not provide for mandatory publication According to the rec Special Phone Number Data ords, two companies filed a writ of mandamus against the act of the president of the Commercial Board of the State of Rio de Janeiro, with the purpose of being released from publishing their financial statements. The order was denied by the ordinary courts, which concluded that publication was mandatory. In the special appeal addressed to the STJ, the companies maintained that Law 11,638/2007 only establishes obligations relating to the preparation and bookkeeping of their financial statements, with no consideration regarding publication.
Lack of legal provision The rapporteur in the 3rd Panel, Minister Moura Ribeiro, highlighted that Law 11,638/2007 did not expressly include in its 3rd article the obligation for large companies to publish financial statements. As he explained, the term "publication" existed in the project that preceded the approval of the law, but was excluded by the legislator. "There was an intentional silence by the legislator to exclude the obligation for large companies to publish their financial statements", he added. The minister highlighted that, even though the law's syllabus states that it "extends to large companies provisions relating to the preparation and disclosure of financial statements", it is a summary of the content of the legal diploma, without normative force. As the rapporteur noted, "there is no way to extend the concept of publication and dissemination, even though the latter was mentioned, but only in the summary of Law 11,638/2007".
In 2021, Fux called a public hearing on the topic, but, as president of the Court, he no longer scheduled the case for 2022.The 3rd Panel of the Superior Court of Justice recognized that large companies incorporated under the legal form of a limited liability company are not obliged to publish their financial statements in the Official Gazette and in a newspaper with mass circulation, prior to filing with the Commercial Board. reproduction Reproduction Law 11,638/2007 does not provide for mandatory publication According to the rec Special Phone Number Data ords, two companies filed a writ of mandamus against the act of the president of the Commercial Board of the State of Rio de Janeiro, with the purpose of being released from publishing their financial statements. The order was denied by the ordinary courts, which concluded that publication was mandatory. In the special appeal addressed to the STJ, the companies maintained that Law 11,638/2007 only establishes obligations relating to the preparation and bookkeeping of their financial statements, with no consideration regarding publication.
Lack of legal provision The rapporteur in the 3rd Panel, Minister Moura Ribeiro, highlighted that Law 11,638/2007 did not expressly include in its 3rd article the obligation for large companies to publish financial statements. As he explained, the term "publication" existed in the project that preceded the approval of the law, but was excluded by the legislator. "There was an intentional silence by the legislator to exclude the obligation for large companies to publish their financial statements", he added. The minister highlighted that, even though the law's syllabus states that it "extends to large companies provisions relating to the preparation and disclosure of financial statements", it is a summary of the content of the legal diploma, without normative force. As the rapporteur noted, "there is no way to extend the concept of publication and dissemination, even though the latter was mentioned, but only in the summary of Law 11,638/2007".
