Dias Carneiro Advogados obtains decision from TJMT in case

In a recent decision, the Mato Grosso Judicial Court (TJMT) reaffirmed the right of the fiduciary creditor to maintain the consolidation of ownership of the property, even if this is considered an essential element in a judicial reorganization situation.

Dias Carneiro Advogados, through partner Laura Bumachar (pictured), represented the fiduciary creditor in an interlocutory appeal filed in the judicial reorganization process of a rural producer in the District of Sinop/MT.

The TJMT decision determined that, while the essentiality of the asset suspends acts of alienation, it does not prevent the consolidation of fiduciary property, safeguarding the creditor’s right and guaranteeing legal certainty.

This decision is a breakthrough in jurisprudence as it balances the rights of the creditor and the recovering party, allowing the debtor to maintain possession during the shielding period of the judicial reorganization, but guaranteeing the creditor the right to consolidate ownership of its guarantee.