New tax collection proposal: what are the impacts for companies?
Tiago SilvaLawyer at Marcos Martins Advogados Every new piece of legislation should be celebrated, as there has long been discussion about the need to update certain rules that do not reflect the dynamism and reality experienced today. In this scenario, one of the most recent expected updates is certainly that resulting from the famous tax […]
Older professionals: what are the benefits of hiring them for companies?
Heloisa de Alencar SantosLawyer at Marcos Martins Advogados Although the Statute of the Elderly (Law 10.741/2003) already provides for stimulating the creation of programs for the professionalization and admission of the elderly into the job market, the lack of tax incentives, social programs and social prejudice mean that Brazil is still far behind other countries […]
Mass layoffs: what changes after the Supreme Court’s decision?
Monique Vieira LessaLawyer at Marcos Martins Advogados In a recent decision involving Embraer, the Supreme Court ruled by a majority of votes that prior collective bargaining is mandatory for mass layoffs of workers. As the issue has general repercussions, the decision will have to be applied by the other labor courts that hear cases involving […]
Pregnant and breastfeeding women in unhealthy working environments: how should companies proceed?
With the labor reform, Law 13,467, the work of nursing mothers and pregnant women in environments with certain degrees of unhealthiness is now permitted, except for duly certified health reasons. During the Covid-19 pandemic, the Ministry of Economy and the Ministry of Health issued Joint Ordinance 20/2020, which aimed to make the rights of pregnant […]
Arbitration Law: new bill jeopardizes the speed of proceedings in Brazil
Ana Júlia MoraesLawyer at Marcos Martins Advogados Although not widely used in Brazil, the Arbitration Law has always proved to be an effective alternative for resolving conflicts, eliminating the need for the parties to go to the Judiciary and face a long bureaucratic process. In a new bill, Bill 3.293, discussed in the Chamber of […]
Can a farmer’s future harvest be considered an essential asset in the event of judicial reorganization?
Tatiane FariaLawyer at Marcos Martins Advogados In the majority of cases, the future harvest serves as a stimulus for new planting and is responsible for the rural producer’s capital turnover, making it essential for productive activities, especially for rural entrepreneurs in crisis. In this sense, the legal protection of agricultural production is fundamental for marketing […]
Tax uncertainties in transactions involving NFTs
Aline Augusta de MenezesLawyer at Marcos Martins Advogados The use and trading of NFTs, the acronym for “Non-Fungible Token”, or rather “non-fungible tokens”, has grown abruptly in recent years, especially with world-renowned artists and sportsmen who have started to adhere to a virtual and exclusive collectible item on their social networks, such as little monkeys […]
Occupational safety: preventive measures and the importance of documentation in reducing labor risks
Natália Tenório da SilvaLawyer at Marcos Martins Advogados July 27 is known as the National Day for the Prevention of Accidents at Work. The commemorative date marks the establishment by the Ministry of Labor of the National Plan for Worker Appreciation, as well as the compulsory provision of occupational medicine and occupational safety engineering services […]
CARF authorizes offsetting of tax losses without the 30% barrier
Fábio BernardoLawyer at Marcos Martins Advogados In a recent ruling in favor of the taxpayer in a case involving the extinction by merger of the company AES Tietê Energia S.A – CARF ‘s Superior Chamber of Tax Appeals removed the 30% limit on offsetting tax losses and the CSLL calculation base. Several companies have already […]
Federal Public Prosecutor’s Office is in favor of excluding ICMS-ST from the PIS and COFINS calculation base
Rafael ZanchettinLawyer at Marcos Martins Advogados The exclusion of ICMS-ST from the PIS and COFINS tax base has gained enormous relevance in the legal and accounting circles, in view of the possibility of huge financial amounts being refunded by companies. The thesis, which is still pending judgment by the Superior Court of Justice, gained momentum […]