The Special Court of the STJ concluded the judgment of the Divergence Motions in Special Appeal No. 1.281.594/SP, which deals with the statute of limitations for filing civil actions for breach of contract.
After Justice Benedito Gonçalves voted that the statute of limitations would be three years, since the expression "claim for civilremedy" contained in article 206, paragraph 3, V, of the Civil Code would also extend to civil remedy for breach of contract, Justice Felix Fischer requested examination of the case records, and the judgment was postponed.
At the session of 05/15/2019, Justice Felix Fischer cast his vote granting the divergence motions to set the statute of limitations at 10 years.
He clarified in which the term "civil remedy" is used to refer to civil liability for unlawful act, separating civil liability between contractual and extra-contractual.
For him, setting at 3 years the statute of limitations for contractual civil remedy would be an inconsistency of the system, since the statute of limitations for the accessory obligation of losses and damages would end before the statute of limitations for specific obligation.
The majority of the Justices of the Special Court followed the dissenting vote of Justice Felix Fischer, setting at 10 years the statute of limitations for contractual civil remedy.
For more information, please contact Naiara Insauriaga([email protected]).
