Provisional Remedy – 1
8-/-0/2003 – Case No. 1999.61.00.005617-8 – 1st Federal Court of São Paulo – Embratel vs. NovaDutra
Provisional remedy initially under the jurisdiction of the São Paulo State Courts and sent to Federal Courts in view of the involvement of a government agency – Motion for provisional remedy examined and granted by the 37th Civil Court of São Paulo (VCSP) – Remarks concerning term for filing the main lawsuit after provisional remedy is granted – Remarks on the “jurisdiction” apt to receive and decide the main action – Federal Court understands that filing the main action “in the administrative sphere” violates “legal provisions regarding the need to file main action with the same court where motion for provisional remedy was filed, within 30 days after granting of preliminary injunction” – Case dismissed on the grounds that main action was not filed within the legal period of 30 days, as parties resorted to arbitration (Câmara de Mediação e Arbitragem de São Paulo) [São Paulo Mediation and Arbitration Chamber].
Provisional Remedy – 2
2-/-1/2003 – Interlocutory Appeal No. 2003.03.00.57088-5 – Brazilian Federal Court of Appeals (TRF) for the 3rd Circuit – Embratel vs. Nova Dutra
Interlocutory appeal against the decision hearing the Appeal without staying the main action – Appeal seeking review of the decision dismissing motion for provisional remedy in view of the failure to file “main action” within the legal period of 30 days as from granting of preliminary injunction – Claim for advance relief in interlocutory appeal with the purpose of reestablishing the preliminary injunction whose effect had been stayed by the decision to dismiss – Advance relief granted – Preliminary injunction reestablished while Appeal is pending, subject to the deposit of owed amounts in court