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 […]
CORPORATE TRANSACTIONS AND CRYPTOCURRENCIES
Cryptocurrencies continue to create controversy and raise discussions in the legal world. The Securities and Exchange Commission (“CVM“) has already taken a position, in the recent past, regarding the prohibition of the direct acquisition of cryptocurrencies by regulated investment funds, under the pretext of uncertainty regarding the legal nature that permeates the very essence of […]
NEW REGULATIONS FOR THE CONSTRUCTION AND OPERATION OF HELIPADS PUBLISHED
Published on May 25, 2018, Resolution No. 471 of the National Civil Aviation Agency (“ANAC”) approving Brazilian Civil Aviation Regulation (“RBAC”) No. 155 – Helipads, and Amendment 04 to RBAC No. 154 – Aerodrome Design. RBAC nº 155 stipulates specific rules for the construction and operations in public helipads and elevated private helipads in Brazil, […]
STJ: digitally signed contract does not need the signature of two witnesses to be an enforceable title
In an appeal filed by the Fundação dos Economiários Federais (Funcef), the Superior Court of Justice decided that a digitally signed contract does not depend on the presence of the signatures of two witnesses to be considered an enforceable instrument, as determined by article 585, II, of the Code of Civil Procedure of 1973 (corresponding […]
São Paulo Regional Labor Court Validates Global Settlement in Out-of-Court Labor Agreement
Responding to requests from employees and employers, the so-called Labor Reform brought the possibility of ratification of out-of-court settlements by the Labor Court. Thus, it became possible to solve the conflict between employee and employer amicably, with the judicial seal, in order to avoid the lengthy and costly lawsuit. With a few precautions (such as […]