Glossary entry

Portuguese term or phrase:

tutela do poder

English translation:

court injunctive relief

Added to glossary by judith ryan
Nov 28, 2020 17:26
3 yrs ago
23 viewers *
Portuguese term

tutela do poder

Portuguese to English Law/Patents Law (general)
In the following (PTBr) regarding bankruptcy law

Cria-se a possibilidade de o devedor obter tutela do Poder Judiciário para suspender por 60 dias as execuções ajuizadas contra si antes mesmo de ter pedido recuperação judicial, com dedução do prazo de suspensão usufruído pelo devedor em caso de deferimento do processamento de eventual recuperação judicial.

Thanks!

Proposed translations

+2
2 hrs
Selected

court injunctive relief

Is it a state-court injunctive relief? This is based on US bankruptcy laws applicable to court-ordered restructuring.

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Note added at 1 day 4 hrs (2020-11-29 21:36:49 GMT)
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In business, there are several scenarios in which an injunctive relief may be applicable in resolving a dispute, such as: 1) Infringement of Intellectual Property; 2) Theft of Clients; 3) Minority Shareholder Freezeouts; 4) Breaches of Fiduciary Duties; 5) Breach of Contract; 6) Bankruptcy: In this specific case, when a business declares bankruptcy, whether they declare Chapter Seven or Chapter Eleven, they forfeit their assets to the court to pay off as many debts as possible. In both cases, a business decide how much control the court has over their assets and how much they need to pay. A bankruptcy injunction is called a stay of action and prevents creditors from taking money and assets during the procedure. This gives the plaintiff some relief or breathing room, and allows the courts to maintain control.

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Note added at 2 days 22 mins (2020-11-30 17:49:12 GMT)
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Fyr, the first note above was added in response to a peer's comment, which he further deleted.
Peer comment(s):

agree Adrian MM. : as a way of staying execution, but - I am told - 'injunctive' might in other contexts run into a problem with the US Am. Const. 1st Free-speech Amendment https://www.proz.com/kudoz/portuguese-to-english/law-general...
13 hrs
Thks!
agree Oliver Simões
1 day 21 hrs
Hi, thks!
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4 KudoZ points awarded for this answer. Comment: "Thanks!"
1 hr

protection from the judiciary

sugestão
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7 hrs

court authorization

Tutela pode significar apenas que o tribunal permitiu a ação em questão.
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