Without private sponsorship, CNJ creates forum on bankruptcy – 06/07/2023 – Frederico Vasconcelos

In 2022, the National Council of Justice created the National Forum for Business Recovery and Bankruptcy (Fonaref). It brings together judges and lawyers to study and propose better management practices in bankruptcy and judicial recovery processes.

In March, Fonaref held its first national congress without sponsorship, with the support of the Superior Court of Justice. There were no banners or logos for law firms and financial institutions.

Fonaref is a permanent collegiate chaired by Minister Luis Felipe Salomão. The forum comprises 12 judges and 12 lawyers. After debates in seven thematic groups, 14 statements on the law of judicial recovery and bankruptcy were approved.

“It was the formula we found to conciliate the operation of Fonaref with the interaction of those who are not part of the forum”, says Salomão.

The general secretary is Judge Daniel Carnio, from TJ-SP, former academic coordinator of Ibajud (Brazilian Insolvency Institute). A member of the National Council of Public Prosecutors, he organizes events for magistrates.

lectures and tourism

On June 1, the Associação Brasileira de Jurimetria (ABJ) revealed that bankruptcies in the country take an average of 16 years to complete and only 6.1% of liabilities are returned to creditors.

That day, a group of ministers from the STJ were debating judicial recovery and bankruptcy in a luxurious hotel on the shores of Lake Maggiore, in Milan. They did lectures and tour.

The Conjur Milan Forum was promoted by the Legal Consultant, together with Ibajud and support from the Brazil Europe Integration Forum (Fibe).

On the program were: João Otávio de Noronha, Ribeiro Dantas, Marco Buzzi, Moura Ribeiro, Sebastião Reis, Villas Boas Cueva and Gurgel de Farias. Last year, STJ ministers attended five private events in Europe.

Ibajud is a lobby of law firms, court auctioneers, agribusiness and credit recovery companies.

“Economic integration is done by ensuring flows in both directions. Brazil is interested in attracting investors, buyers, sellers, partners. International investors – including, certainly, Europeans – look at the so-called context costs. How friendly , easy, transparent is the business and bureaucratic environment in the country?”, asked the president of Fibe, Vitalino Canas, at the opening of the forum.

Two decades of waiting

The ABJ study was released by Valor, which heard from Marcos Vinícius Jardim, vice-president of Fonaref. In the report, lawyer Marcelo Sacramone, coordinator of ABJ, cited the bankruptcy and judicial recovery processes of Mappin and Fazenda Reunidas Boi Gordo (he served as an auxiliary judge) that surpass two decades.

The Boi Gordo process was marked by the romance between the prosecutor Eronides Santos and a lawyer representing the bankrupt estate. The Attorney General’s Office did not see a functional crime and asked for the case to be closed.

Eronides declared himself a suspect and stopped acting in the case. He was the academic coordinator of Ibajud. He is an adviser to Ibra (Brazilian Institute for Asset Tracking), which participated in the Milan forum.

Joaquim Barbosa, former president of the STF, said that “a magistrate is not destined to participate in congresses and symposiums. Resorts do not combine at all with serious intellectual work. There is no improvement.”

Elio Gaspari cites Abe Fortas, of the US Supreme Court, who was forced to resign because he was paid for lectures at a university that had received money from a company that had lawsuits in court.

“If this rigor prevailed in Brazil, vacancies would appear in all courts, in all instances”, says Gaspari.

OTHER SIDE

The CNJ informs that the events held comply with Resolution nº 466 of 22/06/2022 of the CNJ and do not use sponsorship or private funds.

For the 1st Fonaref Congress, the only private funding was the cost of traveling for speakers by the Association of Judges from São Paulo (APAMAGIS), considering that the CNJ and STJ did not fund it.

The CNJ did not comment on the event in Italy.

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