Publications - Ernesto Borges Advogados

Consumer 14/08/2025

Over-Indebtedness: STJ’s decision clarifies procedure and requires good faith in negotiations

In a scenario of growing concern about excessive debt in Brazil, with direct repercussions on the financial system and credit relations, the Superior Court of Justice (STJ) rendered a decision of great importance. In line with the established understanding, the presence of the creditor at conciliation hearings, even without a formal settlement proposal, precludes the…

Superendividamento Decisão do STJ esclarece procedimento e exige boa-fé nas negociações

Administrative and Public Law 11/08/2025

The Legal Profession in Mato Grosso: Challenges and Opportunities in the Current Legal Landscape

The work of lawyers in the state of Mato Grosso, within the complex and dynamic Brazilian legal landscape, requires constant updating and a deep understanding of the challenges and opportunities that arise. Far from being a mere formality, practicing law in a state with the peculiarities of Mato Grosso requires versatility, multidisciplinary knowledge, and a…

A Advocacia em Mato Grosso Desafios e Oportunidades no Cenário Jurídico Atual

Consumer 07/08/2025

Over-Indebtedness and Procedural Burden: The Application of the Principle of Causality in the Waiver of Attorneys’ Fees for Creditors

Law No. 14,181/2021, known as the Over-Indebtedness Law, introduced into Brazilian law a micro-system for the protection of over-indebted consumers, focusing on the renegotiation of debts through judicial or extrajudicial means. Among the instruments provided, the compulsory payment plan stands out, provided for in art. 104-B of the Consumer Protection Code (CDC), which can be…

Superendividamento e Ônus Processual A Aplicação do Princípio da Causalidade na Dispensa de Honorários aos Credores

Banking and Financial Services 29/07/2025

THE DETERMINATION OF THE AMOUNT IN DISPUTE IN ACTIONS TO LIMIT CONSIGNABLE MARGIN: ANALYSIS OF THEME 42 OF THE TJGO AND ITS IMPACT ON COMBATING PREDATORY LITIGATION

For those involved in banking litigation, lawsuits filed against financial institutions based on the limitation of amounts allocated as payroll deductions from the income of consumers who have taken out loans are common occurrences in courts throughout the country. The main issue surrounding this matter often does not concern the legitimacy of applying a certain…