Publications - Ernesto Borges Advogados

Consumer 22/04/2025

STJ states that the condition of the elderly does not imply the presumption of moral damage in fraudulent loan contracting: analysis of Special Appeal No. 2.161.428/SP

In a recent award of the Fourth Panel, the Superior Court of Justice (STJ) has reiterated a core guideline in the field of civil liability and consumer protection: the old age of the victim, by itself, cannot be raised to support moral damage or ground its aggravation in bank fraud cases. The case in question,…

Administrative and Public Law 11/04/2025

Nonpecuniary Damage in Civil Code Reform Bill

The bill of Civil Code reform established the application of a two-phase method to quantify nonpecuniary damage, in line with doctrine and caselaw. Civil Law, whose origins date back to Roman Law, regulates the entire life of the human being since conception, by ensuring the rights of the unborn, until death, by governing inheritance…

Environmental 10/04/2025

BEYOND THE CARBON CURTAIN: THE STRATEGIC ROLE OF BIODIVERSITY CREDITS AND THEIR INTRINSIC ENVIRONMENTAL VALUE

In the last decade, carbon credits have emerged as a key tool in the fight against climate change, establishing a market that seeks to price and offset greenhouse gas emissions. However, as the world focuses its efforts on carbon metric, this approach, while necessary, is better understood as a tool that accounts for only a…

Banking and Financial Services 08/04/2025

Judge Convicts Lawyer for Malicious Prosecution Against 65 Banks

With identical matters, all lawsuits were filed in less than three months in the same district. Judge Paula de Goes Brito Pontes, of the court of the Sole Judicial Notary of the city of Murici, State of Alagoas, dismissed a lawsuit filed against a bank for alleged fraudulent execution of payroll card contracts. In the…