Decision by the 3rd Panel suspends restructuring process and allows collections against a group of companies in crisis to be resumed.

The Superior Court of Justice (STJ) changed its understanding that exempted companies from presenting a negative tax debt certificate (CND) for the approval of a judicial recovery plan. Unanimously, the 3rd Panel decided, in an unprecedented move, that, in the event of failure to prove tax regularity, the restructuring process must be suspended until the document is presented. In practice, all collections (executions) against the company under judicial recovery may be resumed. The company may also be filed for bankruptcy. Although the decision does not have a repeatable effect, it is a precedent to be followed by judges and appellate courts in the country in similar cases.

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