Publications - Ernesto Borges Advogados

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…

A FIXAÇÃO DO VALOR DA CAUSA EM AÇÕES DE LIMITAÇÃO DE MARGEM CONSIGNÁVEL ANÁLISE DO TEMA 42 DO TJGO E O REFLEXO NO COMBATE À LITIGÂNCIA PREDATÓRIA

Environmental 25/07/2025

Carbon credits and restoration in the Amazon: innovation brings challenges

BNDES and Petrobras partnership marks a new phase for Brazil’s carbon market, but its success will depend on legal certainty, governance, and transparency Last week, Brazil took a promising step toward a green economy. The announcement of the Proofless+ program, the result of a memorandum of understanding between BNDES and Petrobras, signals a significant…

Créditos de carbono e restauração na Amazônia inovação traz desafios

Insurance and Reinsurance 21/07/2025

Possible side effects of “Rate Shock” on the Brazilian insurance market

A few months into Donald Trump’s new term, the whole world was taken by surprise by speculation about a dramatic increase in import tariffs. It is the so-called “rate shock” (tarifaço). Political convictions or speculation aside, these measures have enormous commercial consequences, with a strong possibility of impacting the insurance industry. The ripple effect…