TST takes a stand on procedural issues of the Labor Reform
Normative Instruction 41 of the Superior Labor Court (TST) recently marked that court’s position on labor procedural issues brought about by Law 13,467/2017 – the so-called Labor Reform – which went into effect on November 11, 2017. The Court’s dome met and elaborated the instruction aiming at legal security in actions that proposed previously to […]
CVM holds officers and directors responsible for irregularities in corporate books.
The Brazilian Securities and Exchange Commission – CVM, the body responsible for regulating and supervising the securities market, in a series of related decisions published in June 2018[1], understood that the responsibility for the proper maintenance of corporate books lies with the management of said company, and noncompliance is punishable. Under the terms of these […]
“The right to attorney’s fees for loss of suit arises at the time of delivery of the sentence,” says STF
With the advent of the Labor Reform, Law No. 13,467 of 2017, in effect since last November 11, the so-called defeat fees were introduced in Article 791-A in the Consolidation of Labor Laws (“CLT”): “the lawyer, even when acting in his own cause, shall be entitled to retaining fees, set at a minimum of 5% […]
Justice in São Paulo honors fresh start by rehabilitating partner-manager of bankrupt company
The current bankruptcy law (Law No. 11101/05) contains requirements for the bankrupt’s commercial rehabilitation that violate his fundamental rights to work and to free enterprise, which may be waived according to the peculiarities of the case. This was the understanding of Judge Daniel Carnio Costa, of the 1st Court of Bankruptcy and Judicial Recovery of […]
2nd Business Chamber of the São Paulo Court of Justice consolidates requirements for fiduciary assignment
It is common for financial creditors to avoid being subject to the effects of a possible judicial reorganization of their debtors by imposing the execution of receivables assignment agreements. Such ancillary business, however, must contain sufficient elements to specify the assigned credits, under penalty of invalidity. This is what the 2nd Chamber of Business Law […]
New Regulation of Controlled Products in Brazil Approved
In the beginning of September, a decree was published that establishes the principles and rules for the inspection of controlled products by the Army Command in Brazil, thus revoking the old legislation on the subject, which dates back to 2000. The classification of a product controlled by the Army has, as a basic premise, the […]
Updating jurisprudence, judge exempts company from paying 10% contribution on FGTS due to misuse of purpose
Last May 10, a judge in a county in the interior of São Paulo, exempted a company from paying the 10% contribution on the FGTS balance in terminations of employment contracts without just cause. Exempted a company from paying the 10% contribution on the FGTS balance in the termination of employment contracts without just cause. […]
TRF1 ELIMINATES THE INCLUSION OF ICMS IN THE CALCULATION BASIS OF PIS/COFINS-IMPORTATION
In a recent decision, the 8th Panel of the Federal Regional Court of the 1st Region, unanimously understood that the PIS-Import and COFINS-Import must be paid only on the customs value, and the ICMS levied on customs clearance and the value of the contributions themselves must be excluded from the calculation basis, as can be […]
DREI makes available Instruction 48 to standardize the granting of registrations by commercial registries
The great bureaucracy and the lack of standardization of administrative procedures in Brazil is an old issue among Brazilians and especially among businessmen, who constantly complain about the vulnerability faced when analyzing the approval of registrations at the Trade Boards. In order to curb the lack of substantiation and the formulation of generic requirements, the […]
The right to protocol in the city of São Paulo is guaranteed by the TJ-SP
The São Paulo Court of Justice overturned the injunction, by majority vote, and upheld the validity of article 162 of Law 16.402/16 (current Zoning Law of the City of São Paulo), guaranteeing the so-called “right to protocol”. The article stipulates that the licensing processes for works, buildings, and activities, as well as the land parceling […]