News 05 Sep 2025 · Brazil

A bankrupt's IDPJ can only be handled by the bankruptcy court, says Gilmar

STF reaffirms the jurisdiction of the bankruptcy court in a decision that overturned the TRT-2 ruling on disregard of the legal personality.

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The Supreme Federal Court, under a report by Justice Gilmar Mendes, overturned a decision by the Regional Labor Court of the 2nd Region that held partners of a bankrupt company liable for labor debts. This ruling consolidates the exclusive jurisdiction of the bankruptcy court and reinforces the need for uniformity in the enforcement of debts, preserving equality among creditors.

Whenever the labor court denies the effectiveness of a legal text, it should do so through constitutional means. If it fails to do so, the case is subject to constitutional challenge.

Luiz Eduardo Amaral emphasizes.

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