The right to claim nullity in a challenge to compliance with a judgment expires in 90 days
Rubens CarnelosLawyer at Marcos Martins Advogados The arbitral award may be challenged by filing an action for annulment, as provided for in article 32 of Law 9.307/96, or, if judicial enforcement of the arbitral award is already underway, by challenging its enforcement, under the terms of article 525 of the CPC. As the filing of […]
STF agrees on attachment of guarantor’s family assets in commercial lease agreement
Tatiane Bagagí FariaLawyer at Marcos Martins Advogados The Federal Supreme Court, by a majority of votes, ruled that the attachment of a guarantor’s family assets in a lease agreement for commercial property is constitutional, dismissing the view that only in residential leases would it be possible to attach the guarantor’s only asset. In the recent […]
Provisional Measure 1108/22 changes rules on teleworking and food stamps
Luara RezendeLawyer at Marcos Martins Advogados On March 28, Provisional Measure No. 1108 was published, providing for the payment of food allowances, amending Law No. 6,321/1976 and the Consolidation of Labor Laws. With regard to the food allowance, the new rule limits the use of the benefit exclusively to the payment of meals in restaurants […]
TRT 15 rules out stability for former Cipa member fired after UPI sale
Sibele de Oliveira PimentaLawyer at Marcos Martins Advogados The TRT of the 15th Region upheld the ordinary appeal of a company undergoing judicial reorganization to dismiss the stability claim and rule out the right to a provisional job guarantee for a CIPA member who was dismissed after the sale of the UPI – Isolated Production […]
TST dismisses joint and several liability of company in judicial reorganization
Sibele de Oliveira PimentaLawyer at Marcos Martins Advogados The 5th Panel of the Superior Labor Court upheld the appeal filed by a company undergoing judicial reorganization in the interior of São Paulo against the ruling handed down by the Regional Labor Court of the 15th Region, in which it sought to dismiss the joint and […]
President signs bill regulating pregnant women’s return to on-site activities
Luara Rezende and Natália Tenório da SilvaLawyer at Marcos Martins Advogados Bill 2058/21, which regulates the return of pregnant women to work in person, was sanctioned by the President of the Republic on August 8, with vetoes. The act, which was published in the Official Gazette on Thursday, amends Law No. 14,151 of 2021, which […]
STJ defines five-year statute of limitations for action to collect a bank credit bill
Beatriz Benedete CardosoLawyer at Marcos Martins Advogados The Third Panel of the Superior Court of Justice (STJ), in the judgment of RESP 1.940.996/SP, reported by Justice Ricardo Villas Bôas Cueva, established a limitation period of five years for collection, via a monitory action, of a debt based on a bank credit bill, under the terms […]
Court orders exclusion of ICMS-DIFAL from PIS and Cofins calculation basis
Alana DahroujLawyer at Marcos Martins Advogados Recent decisions handed down by the Federal Regional Court of the 3rd Region have granted companies the right to exclude ICMS-Difal amounts from the PIS and COFINS calculation basis. Although the impossibility of (ordinary) ICMS being included in the PIS and COFINS tax base has already been established, the […]
Revision of regulatory standards establishes new work safety routine for companies
Bruna Zampieri ColpaniLawyer at Marcos Martins Advogados The Regulatory Norms – NR’s are a set of guidelines and technical procedures related to the safety and health of workers in the performance of their duties. Their main objectives are to instruct employees and employers on precautions to avoid accidents at work or the appearance of occupational […]
Adoption of COVID-19 preventive measures helps avoid convictions in the Labor Courts
Monique Vieira LessaLawyer at Marcos Martins Advogados With the advent of the pandemic, society has had to reinvent its habits, the way it deals with others and the environment around it. Labor relations have been no different. Since the beginning of the spread of the virus, companies have had to adapt to government measures and […]
