SUPERIOR JUSTICE COURT (SUPERIOR TRIBUNAL DE JUSTIÇA – “STJ”) – SPECIAL APPEAL 1294462 – INJURY OF THE CREDITOR – INTENTION – ESSENTIALITY – CHARACTERIZATION OF FRAUD

The Fourth Panel of the Superior Justice Court unanimously held in the decision that in order to characterize the fraud against creditors, it is not essential that there be a clear intention to harm the creditor (“consilium fraudis”), in addition to the other requirements established by law, the third party acquiring knowledge of the insolvency of the debtor (“scientia fraudis”) in the following terms:

“INTERNAL RULING IN THE SPECIAL APPEAL, FRAUD AGAINST CREDITORS, PROOF OF COMPLIANCE WITH THE REQUIREMENTS REQUIRED. APPEAL PARTIALLY PROVIDED.

1-The occurrence of fraud against creditors requires the credit to be established, proof of loss to the creditor (“eventus damni”), that the legal act has led the debtor to insolvency and the knowledge of the debtor’s insolvency by the third party (“scientia fraudis”).

2-Appeal partially provided.”