Publications - Ernesto Borges Advogados

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…

Banking and Financial Services 25/03/2025

Liability of Digital Banks in Virtual Scams: Reflections on Special Appeal 2.124.423/SP in STJ

The Superior Court of Justice (STJ) recently ruled on Special Appeal 2.124.423/SP, a case that brought to light the issue of liability of digital banks in electronic fraud. The appellant sought award of pecuniary damages stemming from the so-called “fake auction scam,” claiming that the ease in creating digital accounts have facilitated the offense. However,…