Post by account_disabled on Mar 10, 2024 21:51:42 GMT -6
Sebrae (Brazilian Support Service for Micro and Small Businesses) is not responsible for the business success of companies for which it prepares economic and financial viability projects. Projects serve to minimize the risks of the enterprise, but cannot be taken as a guarantee that the business will prosper.
With this understanding, the th Panel of the Superior Court of Justice denied a request for compensation from a small furniture company in Mato Grosso against Sebrae. Unanimously, the ministers decided that the feasibility project carried out by the institution does not carry in itself “a guarantee, as if it were insurance for the success of the undertaking, as there is no possibility of protecting oneself from all risk, which is inherent to business activity ”.
The decision was taken in an action for compensation for Austria Phone Numbers List losses and damages filed by the bankrupt company Clóvis Sguarezi e Cia against Sebrae Mato Grosso. In , the company decided to expand its business and, when seeking loans from Banco do Brasil, one of the requirements was to present an economic-financial viability project.
Regarding the late release of the loan's financial resources, the STJ understood that it was not up to Sebrae to carry out a premonitory exercise in order to anticipate that the financial institution would not transfer the resources. For minister Luis Felipe Salomão, without full proof that the company's bankruptcy was caused by alleged flaws in the project, “an undue socialization of business risk would actually be taking place by transferring it to other factors, or agents, who had no direct involvement in the company’s ruin.”
The project was commissioned from Sebrae and its results showed that there were favorable prospects for business expansion. In , after having declared bankruptcy, the company went to court against the institution alleging that due to defects and defects in the preparation of the project, it suffered losses that led to bankruptcy after putting the expansion of activities into practice.
With this understanding, the th Panel of the Superior Court of Justice denied a request for compensation from a small furniture company in Mato Grosso against Sebrae. Unanimously, the ministers decided that the feasibility project carried out by the institution does not carry in itself “a guarantee, as if it were insurance for the success of the undertaking, as there is no possibility of protecting oneself from all risk, which is inherent to business activity ”.
The decision was taken in an action for compensation for Austria Phone Numbers List losses and damages filed by the bankrupt company Clóvis Sguarezi e Cia against Sebrae Mato Grosso. In , the company decided to expand its business and, when seeking loans from Banco do Brasil, one of the requirements was to present an economic-financial viability project.
Regarding the late release of the loan's financial resources, the STJ understood that it was not up to Sebrae to carry out a premonitory exercise in order to anticipate that the financial institution would not transfer the resources. For minister Luis Felipe Salomão, without full proof that the company's bankruptcy was caused by alleged flaws in the project, “an undue socialization of business risk would actually be taking place by transferring it to other factors, or agents, who had no direct involvement in the company’s ruin.”
The project was commissioned from Sebrae and its results showed that there were favorable prospects for business expansion. In , after having declared bankruptcy, the company went to court against the institution alleging that due to defects and defects in the preparation of the project, it suffered losses that led to bankruptcy after putting the expansion of activities into practice.