Eviction proceedings are not linked to the bankruptcy court, says the Superior Court of Justice (STJ).

Despite the importance of concentrating actions that may influence the progress of judicial reorganization before the bankruptcy court, its jurisdiction does not cover each and every action brought against the company undergoing reorganization. One exception is eviction proceedings, which must be processed in the ordinary court.

This was the unanimous conclusion reached by the 2nd Section of the Superior Court of Justice, which declared the jurisdiction of the 2nd Civil Court of Ouro Preto do Oeste (RO), where the eviction action against a company in judicial reorganization was filed.

The court's lack of jurisdiction was raised by the company itself, since the default on the property rent was caused by financial difficulties that led to the filing for judicial reorganization. This case is being processed in the 2nd Civil Court of Arapongas (PR).

Reporting Judge Marco Buzzi highlighted that the leased property is not part of the company's assets. It is temporarily ceded by virtue of a contract, which removes the jurisdiction of the bankruptcy court to make any determination regarding the disposal or non-disposal of the real estate owned by the lessor.

"Regarding the repossession of the property, the creditor who owns real estate leased to a company undergoing judicial reorganization is not subject to the effects of the judicial reorganization," said the rapporteur. Thus, the repossession of the property stems from the application of the specific legislation on the matter: Law 8.245/1991 (the Tenancy Law).

Note
In his concurring opinion, Justice Luís Felipe Salomão agreed with the rapporteur, but noted that if, during the course of the proceedings, a discussion arises regarding the enforcement of amounts or the execution of the eviction order, it will be necessary to reconsider the court's jurisdiction to decide on these matters.

This is because while eviction proceedings do not affect the assets of the company undergoing restructuring, the collection of debts will have a direct impact on the restructuring process. Therefore, it will be necessary to analyze this again at the time of execution of the action.

CC 170.421

Source: Conjur