Carpena lawyers has succeeded in important and sophisticated judicial dispute (of business, involving foreign exchange contracts - ACC's -). The Court of Justice of São Paulo, reviewing the preservation guidelines of judicial understandings, annulled a sentence that had rejected the defense in an execution process. The decision was delivered by one of the Court's private chambers that, in a unanimous judgment, welcomed the CARPENA's team recurrent thesis, according to which there would be violation of the constitutional guarantees of the broad defense and the contradictory, since it has been ensured the right to the production of evidence at the right time.

The dispute was from an implementation process in which its author (Bank) sought the payment of obligations represented by contracts rather controversial, in a broad and complex network of financial transactions, in which no rates were observed. contractors, inadequate abatures of payments and other formal vices.

Even before the undeniable need to be held a pericial proof, the first-degree judgment rejected the defense without providing proper procedural instruction.

When analyzing the appeal, the joining rapporteur of the case pointed out that despite the Court to prime the preservation of the first-degree decisions, in the face of the concrete case and, mainly, in the face of the arguments presented by Carpena, the sentence should be cassada, End that the process returned to the origin and the expert proof was held.

The decision of the Court of Justice of São Paulo, inclusive, was recommended for inclusion in the Court's Jurisprudence Register.