Publications - Ernesto Borges Advogados

Banking and Financial Services 09/10/2025

STJ and the Fake Customer Service Scam: The Theory of External Fortuity and the Consumer’s Sole Fault

In a recent and landmark decision, the Third Panel of the Superior Court of Justice (STJ), when ruling on Special Appeal No. 2.215.907 – SP, reaffirmed a crucial understanding regarding the civil liability of financial institutions in cases of fraud committed by third parties, specifically in the well-known “Fake Customer Service Scam.” The judgment, authored…

O STJ e o golpe da falsa central de atendimento A tese do fortuito externo e a culpa exclusiva do consumidor

Agribusiness 03/10/2025

THE RURAL PRODUCER AND THE BANKRUPTCY PARADIGM

The premise is simple, and often overlooked in agribusiness: preserving the economic activity is not the same as preserving the Debtor as manager. The creditors’ bargain theory, developed by Thomas H. Jackson, is based on a hypothetical agreement among rational creditors to maximize the value of the asset pool through a collective procedure that reduces…

Banking and Financial Services 02/10/2025

INVESTMENT FUNDS AND THE STRATEGIC OPPORTUNITY IN THE COURT-ORDERED PAYMENTS (PRECATÓRIOS) MARKET

In the current Brazilian tax scenario, the growing judicialization of relations between private individuals and the State has generated significant liabilities in the form of court-ordered payments (precatórios), defined as debts owed by the Federal Government, states, and municipalities recognized by final court decisions. Faced with the exponential increase in these commitments and the…

FUNDOS DE INVESTIMENTOS E A OPORTUNIDADE ESTRATÉGICA NO MERCADO DE PRECATÓRIOS

Sem categoria 16/09/2025

DEMYSTIFYING THE CAPITAL MARKET AND ITS CONTRACTUAL STRUCTURES

The capital market is a core component of the financial system, bridging the distance between investors looking for opportunities and companies or entities in need of funds for their projects. It facilitates project and business funding through the issue of securities or assets to raise funds directly in the market, offering investors the chance…