ABSENT EMPLOYEES DUE TO COVID-19 | POSSIBLE EXCLUSION OF REMUNERATION FROM THE CALCULATION BASIS OF SOCIAL SECURITY CONTRIBUTIONS
Because of the restrictive measures implemented by the authorities to contain the spread of the new coronavirus, many companies have had to remove employees from their activities, keeping them in the same position.ndo the payment of wages, especially in cases of suspected contamination. The levy of social security contributions on the payroll is based on […]
RESOLUTION CMN NO. 4,797 AND THE PROHIBITIONS ON DISTRIBUTING RESULTS AND INCREASING THE COMPENSATION OF MANAGERS FOR A FIXED TERM
In the midst of the Covid-19 pandemic, with the objective of ensuring the solidity, stability and regular functioning of the National Financial System, the National Monetary Council published Resolution no. 4,797, on April 6, 2020 (“Res. CMN 4,797“). The Res. CMN 4,797 established, for a determined term, limitations to the distribution of results and the […]
STF RECOGNIZES WAGE REDUCTION AND SUSPENSION OF LABOR CONTRACTS BY INDIVIDUAL AGREEMENT
On 04/17/2020, the Plenary of the Federal Supreme Court (STF), by 7 votes to 3, denied the injunction decision issued by Minister Ricardo Lewandowski in the Direct Unconstitutionality Action (ADI) 6363/2020, proposed by Rede Sustentabilidade, which in some cases could making the individual agreement to reduce salary and working hours unviable, as well as the […]
CORONAVIRUS – RECENT ANNOUNCED LABOR MEASURES AND EXISTING ALTERNATIVES
The world is experiencing an unprecedented pandemic due to the new coronavirus agent (COVID-19). Inevitably, some economic sectors will be greatly affected, since, for To prevent the spread of the virus, several restrictive measures are being adopted, especially to avoid contact between people. Please note that this newsletter was finalized on 03/25/2020 at 4:00 pm […]
RURAL ENVIRONMENTAL REGULARIZATION – ATTRIBUTIONS OF THE SECRETARIES OF AGRICULTURE AND ENVIRONMENT IN THE STATE OF SÃO PAULO
In March 2019, through São Paulo State Decree 64,131, the state government changed the competence of the Secretary of Infrastructure and Environment, as well as instituting obligations and incorporating attributions of the Secretary of Agriculture and Supply. In this change of competencies, the activities carried out by the CBRN – Biodiversity and Natural Resources Coordination, […]
THE EFFECTS OF THE CORONAVIRUS PANDEMIC ON THE EXECUTION OF CORPORATE CONTRACTS
With the adoption of the necessary public measures to contain COVID-19 in Brazil, we are faced with intense developments in the global business ecosystem, developments that greatly affect the dynamics of contemporary Brazilian business, from the reliability of the country’s economic development forecasts to the fulfillment of the most ordinary commercial obligations agreed upon among […]
COVID-19: TAX IMPACTS
I – FEDERAL COURT AUTHORIZES COMPANY TO POSTPONE PAYMENT OF FEDERAL TAXES The Federal Justice of the Federal District handed down a decision today (03/26/2020), authorizing a company to postpone the collection of federal taxes (namely: IRPJ, CSLL, PIS, and COFINS), in view of the financial loss caused by the pandemic resulting from the coronavirus […]
“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% […]
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 […]
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 […]