By Isabela Moschini de Camargo Gurgel

The pandemic caused by the Covid-19 virus has spread all over the country and brought many impacts to all businesses sectors. As a result, companies and clients are forced to reevaluate their relations, often creating the necessity to renegotiate values. So, either when it comes to bank institutions, construction companies, car dealers or public and private companies, contractors and contractees are urging to readapt, searching for a new way of settlement in which both parties establish a new relation of economic equality, reducing the financial damage for everyone involved in this relation.

Such occurrence is verified in the most recent projections of economical institutions that foresee a downturn of 4.11% in the economy, when the companies will inevitably need  help and will verify the possibilities to renegotiate with clients, suppliers and service providers in general.

That said, besides the possibility to appeal to the Judiciary in order to solve the question, either paying the debt or disagreeing about the values, the moment demands a dialogue between the parties, mostly when it comes to reach an amicable settlement. It´s essential to verify that filing an action aiming debt payments might generate costs to the creditor company as well as result in finding that the debtor doesn´t have financial resources enough to pay the debt. Also, the disagreement regarding paying the debt via extrajudicial settlement, with the permission to pay it in installments or with interest reduction, might lead to a lawsuit filing which, after the search for assets, will end up with the legal action frustrated, that is, with no results.

So, whenever possible, the lawyers of both parties can help and even encourage a settlement, given that it is the least expensive way for all of them at this moment. There is also the possibility to attend meetings via online platforms, formalizing the Acknowledgment of Debt with the digital signature of both parties because the digital signature is now recognized as a form of authentication as anticipated in the Provisional Measure 2200-2/2001[1] Article 441 of the Civil Procedure Code[2].

In these terms, it´s of utmost importance to try to mitigate any onus that might damage or impede the debt payment from the debtor side, and it´s clear that the dialogue and the amicable settlement are the best ways to reduce financial damages, and the lawyer can help both parties in the search for this amicable solution.

 

Isabela Moschini de Camargo Gurgel, lawyer at Almeida Prado & Hoffmann Advogados Associados office.

[1] http://www.planalto.gov.br/ccivil_03/MPV/Antigas_2001/2200-2.htm#:~:text=MEDIDA%20PROVIS%C3%93RIA%20No%202.200,que%20lhe%20confere%20o%20art (access on July 13th, 2020);

[2] Article 441. Electronic documents will be accepted when produced and preserved respecting the specific legislation.