Publications - Ernesto Borges Advogados

Intellectual Property 17/11/2025

Cybersquatting and the Limits of First Come, First Served in the Digital Era

São Paulo Court of Justice Decision on Starlink.com.br Domain Rekindles Debate on Industrial Property and Competitive Ethics in the Digital Environment. The recent ruling by the São Paulo Court of Justice[1] in the SpaceX vs. Starlink.com.br case reignites the debate on the limits of the first come, first served principle, which governs domain name registration,…

Barra de pesquisa de navegador de internet, mostrando o início de um endereço de site.

Arbitration and Judicial Litigation 11/11/2025

When Rights Become Abuse: The Invisible Costs of Excessive Litigation in Brazil

The distorted use of the judicial system, known as abusive litigation, has gained increasing relevance in academic and institutional discussions surrounding the rise of judicialization in Brazil. This practice, marked by the intentional and dishonest use of procedural mechanisms for purposes contrary to good faith, is now recognized as one of the factors deepening the…

Quando o direito vira abuso os custos invisíveis da litigância excessiva no Brasil

Administrative and Public Law 04/11/2025

Piercing the Corporate Veil in the Initial Execution Petition: Speed or Risk to Due Process?

Including shareholders in the enforcement proceedings from the initial petition may accelerate debt recovery but also challenges the boundaries of due process and the right to a full defense, requiring the creditor to adopt a precise and well-founded legal strategy. Piercing the corporate veil is undoubtedly one of the most effective tools available to creditors…

Desconsideração da PJ na petição inicial da execução celeridade ou risco ao contraditório

Arbitration and Judicial Litigation 20/10/2025

Between Access and Abuse: The Challenges of Judicial Fee Waivers in Brazil

The Superior Court of Justice (STJ), in its recent ruling on Theme 1.178, reaffirmed the constitutional principle of access to justice by deciding that objective criteria such as income or assets cannot serve as the sole basis for denying judicial fee waivers. The decision upholds the logic that a declaration of financial hardship carries a…