AAAL's Performance in Court

This Tuesday, May 30th, our Firm engaged in the formation of an important precedent by the Court of Appeals of Paraná, relating to franchise agreements. The case involves a claim filed by former franchisees against the franchisor (a chain of restaurants in Paraná), in which they maintained that, even after the termination of the franchise agreement and the sale of assets to the franchisor, it would be possible to revise the amount of the adjustment between the parties, under the grounds that the estimating and setting of the price was defective, especially since it did not include the restaurants’ goodwill.

The 19th Civil Chamber unanimously voted to dismiss the appeal. According to the Rapporteur, everything that would characterize the intangible portion of franchise operations (the brand, the concept, the know-how, etc.) is owned by the franchisor, and there were no intangible assets left to indemnify the former franchisees. Furthermore, and as in fact happened in the specific case, the contract for the purchase and sale of assets had been agreed upon by businessmen duly accompanied by their lawyers – and therefore no defect in consent capable of allowing the revision of the agreement could be claimed.

Partners Evaristo Aragão Santos and Daniela Peretti D'Ávila were in charge of the case, the latter having rendered oral arguments defending the winning arguments.

Partner Teresa Arruda Alvim was part of the updating of the book “Themes of Civil Procedural Law”

This past Monday (April 17th), the updating of the book “Themes of Civil Procedural Law”, by Professor José Carlos Barbosa Moreira, was launched. Partner Teresa Arruda Alvim was part of it, she updated the fifth series of themes, along with Professor Paulo Henrique dos Santos Lucon.

Aluisio Gonçalves de Castro Mendes, Carlos Roberto Barbosa Moreira, and Luiz Paulo da Silva Araújo Filho, coordinators of the work, were present.

Several authorities, who also participated in the update, were present in the event, namely Federal Supreme Court Justices Luís Roberto Barros and Luiz Fux, Judges Luiz Paulo da Silva Araújo, Humberto Dalla Bernardina, Sérgio Ricardo de Arruda Fernandes, and the State Attorney of Rio de Janeiro Marco Antônio Rodrigues.

The event took place at the headquarters of the Rio de Janeiro Court of Justice, and was organized in partnership with the Federal Regional Court of the 2nd Region, the Attorney General of Rio de Janeiro, the Brazilian Institute of Procedural Law, the Rio de Janeiro Law School (UERJ) and Editora GZ.

Coverage of the event can be found in the website of TJRJ: https://tinyurl.com/yt32y8jf

Photo 1 - from the left to the right: Cassio Scarpinella Bueno, Sérgio Ricardo de Arruda Fernandes, Frederico Montedonio Rego, Humberto Dalla Bernardino de Pinho, Ana Cristina Baco Fernandes, Rodrigo Fux, Min. Luiz Fux, Min. Luís Roberto Barroso, Teresa Arruda Alvim, Aluisio Gonçalves de Castro Mendes, Carolina Paes de Castro Mendes, Luiz Paulo da Silva Araújo Filho, Carlos Roberto Barbosa Moreira, Antonio do Passo Cabral, Marco Antônio Rodrigues, Paulo Cesar Pinheiro Carneiro Filho, Paulo Cesar Pinheiro Carneiro, Paulo Henrique dos Santos Lucon e Guilherme Zincone.

Photo 2 - from the left to the right: Antonio do Passo Cabral, Humberto Dalla Bernardino de Pinho, Min. Luís Roberto Barroso, Ricardo Cardozo (Des. Presidente do TJRJ), Min. Luiz Fux, Rodrigo Fux, Aluisio Gonçalves de Castro Mendes, Alexandre Freitas Câmara, Luiz Paulo da Silva Araújo Filho, Carlos Roberto Barbosa Moreira, Teresa Arruda Alvim, Cassio Scarpinella Bueno e Marco Antônio Rodrigues.

CPLJ Plenary Conference in Luxemburg

On March 2023, Partner Teresa Arruda Alvim was part of the CPLJ Plenary Conference, organized by the Max Planck Institute for Procedural Law, and supported by the Luxembourg Research Fund – FNR, which was held in Luxemburg.

Teresa Arruda Alvim, (Giovanni Priori (Peru), Luca Passanante (Itália) and Remo Caponi (Itália).

Margaret Woo (USA), Francisco Verbic (Argentina), Teresa Arruda Alvim, Stefaan Voet (Bélgica). The CPLJ is an ambitious project to create a compendium of Comparative Civil Procedural Law, involving professors from several countries in the world, from the East to the West. The work is organized into theme groups and Teresa Arruda Alvim is the coordinator of the Collective Litigation, a theme she addresses in her lecture.

For more information on the project, go to: https://www.mpi.lu/cplj/