The book brings together 22 articles written by experienced legal experts, covering topics such as corporate law, judicial reorganization, and bankruptcy. The proposal is to offer a practical and multidisciplinary perspective, with reflections based on the case law of the Superior Court of Justice (STJ)—the body responsible for consolidating the interpretation of these topics in Brazil. The article “The Demise of Banco Santos S.A. and Its Controlling Shareholder: Some Lessons in Corporate Law” analyzes the high-profile case of the failed Banco Santos and banker Edemar Cid Ferreira, who was arrested in 2006 and sentenced to 21 years in prison for crimes against the national financial system, money laundering, and criminal conspiracy. Based on an analysis of judicial decisions handed down in civil and criminal proceedings, the authors draw lessons for scholars of corporate, insurance, and criminal law. The court rulings provided insights into the administrator’s duty of loyalty (Article 158 of the Brazilian Corporation Law) and the consequences of its potential breach; D&O insurance and grounds for coverage exclusion; and financial crimes related to the granting of credit contingent upon other transactions, the diversion of public funds to unauthorized purposes, prohibited loans, and off-the-books accounting. Through the case study, the authors combine theoretical and practical knowledge.
- Publisher: Revista dos Tribunais
- Edition: 1ª
- Year of publication: 2024
- Number of pages:: 480
