STJ to discuss the adoption of an income limit for granting free justice
In a recent decision, the Special Court of the Superior Court of Justice assigned appeals No. 1.988.686, 1.988.687 and 1.988.697 to evaluate Theme No. 1.178 under the rite of repetitive appeals. The issue deals with the possibility of granting the benefit of free justice by evaluating an objective criterion linked to a certain level of […]
TST changes calculation of regular overtime reflexes
The Superior Labor Court (TST) changed the understanding of Jurisprudential Guideline (OJ) 394 of Subsection I Specialized in Individual Disputes (SDI-1), which deals with the payment of regular overtime. The original wording considered it to be bis in idem (repeated payment), the increase in overtime habitually worked, with the corresponding paid weekly rest (RSR), for […]
STJ decides that debtors can have part of their salary seized to pay debt
In a recent decision[1], the Special Court of the Superior Court of Justice ruled that, in exceptional cases, it is possible to seize debtors’ salaries to pay non-food debts. In the specific case, the Reporting Justice, João Otávio de Noronha, determined that the amount necessary for the debtor to finance his living costs should be […]
The role of Third Party Due Diligence in containing labor risks
Internationally renowned wineries have recently had their names involved in a slave labor scandal. Approximately 207 workers were rescued from a situation analogous to slavery in Bento Gonçalves/RS, in a joint action between the Federal Highway Police (PRF), the Federal Police (PF) and the Ministry of Labor and Employment (MTE). The rescued workers were employed […]
STJ invalidates e-mail notification for purposes of proving unfulfilled obligation
The 3rd Panel of the Superior Court of Justice, in a recent decision[1], held that extrajudicial notification sent to the party’s e-mail address in a fiduciary alienation contract is not valid. The case discussed the validity of the extrajudicial notification sent to the debtor’s e-mail address indicated in the contract for the purposes of proving […]
Layoff: an alternative to face the economic crisis and avoid layoffs
The Innovation Sector is currently being impacted by mass layoffs. In December 2022, a real estate startup made its third round of staff cuts, laying off more than 300 people. Throughout the year, the layoffs have affected other large companies. In these cases, there are already those who see layoffs as a trend in startups. […]
Release of information on labor lawsuits in eSocial extended to July 1: what should you do to comply and avoid fines?
The deadline for reporting labor case data in the eSocial system has been extended to July of this year. Since the new rule came into force, this is the second extension of the deadline for the information to be entered into the system. In addition to the well-known events relating to Occupational Health and Safety, […]
TJSP recognizes the generation of ICMS credits on materials that are not consumed immediately and fully in the production process
The decision recognized that a metallurgical company could classify graphite electrodes, a material that is gradually consumed during the production process, as an intermediate product. For the purposes of generating ICMS credits on the purchase of goods by an industry, it must be analyzed whether the product used in the production process is raw material, […]
STF declares unconstitutional fine for unapproved tax offset request
In the recent judgment of Extraordinary Appeal 796.939 and Direct Action for Unconstitutionality 4.905, the Full Bench of the STF recognized the unconstitutionality of the application of an isolated fine for an offset not approved by the Federal Revenue Service, whose general repercussion thesis was as follows: “The isolated fine provided for by law to […]
Marcos Martins Advogados was one of the sponsors of the Inspiring Women event
We were one of the sponsors o fthe “Inspiring Women of the Year” event, promoted by the Inspiring Women platform to honor women who stand out in their work, inspire people and transform society. The event brought together women from all market segments, leaders of large companies, influencers and entrepreneurs, who shared their stories of […]
