Ministro inclui “REI DO ALGODÃO” e esposa em ação de recuperação

Por IBAJUD

O ministro Ricardo Villas Boas Cueva, da 3ª Turma do Superior Tribunal de Justiça (STJ) incluiu o megaprodutor rural José Pupin, o “Rei do Algodão”, e sua esposa Vera Pupin na ação de recuperação judicial do Grupo JPupin.

A decisão, em caráter provisório, é da última sexta-feira (05), mas a íntegra não foi publicada.

O grupo JPupin, que declarou dívidas de R$ 898,2 milhões, é composto pelas empresas Armazéns Gerais Marabá Ltda., Marabá Agroindustrial e Nutrição Animal Ltda., JPupin Indústria de Óleos Ltda., JPupin Reflorestamento Ltda., Marabá Construções Ltda. e Cotton Brasil Agricultura Ltda.

DEFIRO O PEDIDO DE TUTELA PROVISÓRIA PARA CONFERIR EFEITO SUSPENSIVO AO RECURSO ESPECIAL ATÉ JULGAMENTO FINAL DO RECURSO

A recuperação judicial do grupo foi autorizada no ano passado pelo juiz André Barbosa Guanaes Simões, da 1ª Vara de Campo Verde, (134 km de Cuiabá).

Porém, a desembargadora Serly Marcondes atendeu a um recurso interposto pelo Banco Votorantim e suspendeu a inclusão de Pupin e sua esposa como partes da ação, na condição de empresários. A decisão foi confirmada posteriormente pela 6ª Câmara Cível do Tribunal de Justiça.

Com a nova decisão, a determinação do Tribunal de Justiça fica suspensa até que a 3ª Turma do STJ julgue o mérito do caso. A data de julgamento do mérito ainda não foi marcada.

Assim, José e Vera Pupin voltam a receber o benefício da “blindagem” da recuperação judicial e não poderão ser cobrados pelas dívidas com o banco e/ou demais credores, assim como seus respectivos nomes não poderão ser incluídos nos órgãos de restrição ao crédito.

“Ante o exposto, com fundamento no art. 1.029, § 5º, II, do CPC/2015, defiro o pedido de tutela provisória para conferir efeito suspensivo ao recurso especial até julgamento final do recurso”, diz trecho da decisão.

 

A polêmica

No pedido que havia culminado na exclusão dos produtores da “blindagem”, o Banco Votorantim alegou que, para receber o benefício da recuperação judicial, a empresa ou empresário precisa estar registrada na Junta Comercial há mais de dois anos.

No caso em questão, o banco denunciou que Pupin e Vera Lúcia só se inscreveram na Junta Comercial às vésperas do pedido de recuperação judicial, “o que afasta, assim, as benesses do processamento da recuperação judicial a eles”.

Além disso, o banco reiterou que o casal está registrado na condição de produtor rural e, para serem beneficiados pela recuperação, precisaria figurar na condição de empresário.

Já Pupin e sua esposa alegaram que têm direito de serem incluídos na recuperação judicial na condição de produtores rurais, “sendo dispensável, neste caso, o registro de empresário”.

Eles ainda afirmaram que a suspensão do plano de recuperação em relação a eles poderá causar “grande prejuízo” ao grupo econômico e até mesmo o encerramento das atividades.

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