Americanas hires Lula’s lawyer in lawsuit against BTG

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The Zanin Martins Advogados office, owned by Cristiano Zanin Martins – who defended President Luiz Inácio Lula da Silva (PT) in the Lava Jato Operation processes – has just been hired by Americanas.

The retailer, in judicial recovery since January 19, called Zanin Martins to defend it from BTG Pactual, with whom it is fighting a legal battle for R$ 1.2 billion retained in Americanas’ bank account.

On January 18, as revealed by the SheetBTG obtained a writ of mandamus from the 2nd Criminal Chamber of the Court of Justice of Rio de Janeiro to retain the amount, in order to protect itself from a possible default by the retailer.

Zanin Martins Advogados, controlled by Cristiano and his wife, Valeska, presents itself as a specialist in “legal crises, complex legal disputes, state investigations, business law, arbitration, international courts and human rights.”

Defending BTG are Galdino, Coelho, Pimenta, Takemi, Ayoub Advogados, Ferro, Castro Neves, Daltro & Gomide Advogados, and Mudrovitsch Advogados.

The dispute between BTG and Americanas around BRL 1.2 billion started even before the company went into judicial recovery. In the most recent chapter of the conflict, Minister Og Fernandes, acting president of the STJ (Superior Court of Justice), determined, on the last 25th, that the value should remain blocked by BTG.

The process also involves questioning, by the bank, the competence of the Justice of Rio de Janeiro to deal with the divergence between the parties. From the outset, BTG has questioned the competence of the 4th Business Court of Rio de Janeiro to conduct the process, and has tried to bring the entire legal discussion to São Paulo. The origin of this appeal in the STJ is the 1st instance of the Justice of São Paulo.

The jurisdiction to judge the issue will be analyzed by the rapporteur of the appeal, Minister Raul Araújo, of the Second Section. The STJ returns from recess this Wednesday (1st).

According to the list of creditors released by Americanas, the retailer owes BRL 3.5 billion to BTG. The amount of R$ 1.2 billion is invested by Americanas in CDBs and Financial Bills of the bank, as described in the action filed at the STJ.

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