Small companies get differentiated regime for the obligations of the General Data Protection Law – LGPD
Alessandra R. Noronha GomesLawyer at Marcos Martins Advogados From now on, small businesses and entrepreneurs will benefit in terms of the procedures required to comply with the LGPD, through exemptions and easing of some obligations. The National Data Protection Agency (ANPD) has regulated legislation to apply the LGPD to small companies, which in the law […]
DIFAL regulation creates possibility for companies to discuss tax collection for 2022
Alana DahroujLawyer at Marcos Martins Advogados On January 5 of this year, a Complementary Law was published regulating the ICMS Difal (Rate Differential) on interstate operations destined for final consumers, making it possible for companies to discuss in court the collection of the tax for the year 2022. The discussion about the collection of the […]
Efficient contract management can minimize risks and legal implications in commercial representation
Mário ConfortiLawyer at Marcos Martins Advogados In Brazil, the activity of commercial representative is regulated by Law 4.866/65. Although commercial representation is a widespread activity, not everyone who hires a commercial representative is aware of the particularities of this type of contract and its termination is often the source of legal disputes. The commercial representative […]
Labor court denies employment relationship to sales representative without formal contract
Sibele de Oliveira PimentaLawyer at Marcos Martins Advogados A labor court in the interior of São Paulo dismissed a commercial representative’s claim for employment with a company in the cereal industry, recognizing the lawfulness of providing services on an autonomous basis, without legal subordination. In the case in dispute, although there was no written contract […]
Law No. 14.261/2021 that recreates the Ministry of Labor and Social Security and establishes the Electronic Labor Domicile is sanctioned
Published on 17/12/2021, the law [re]creates the Ministry of Labor and Welfare, which until then had been unified with the Ministry of Economy. Created in 1930, the ministry was abolished on 01/01/2019 and absorbed by the Special Secretariat for Welfare and Labor, subordinate to the Ministry of Economy. On July 27, 2021, the Ministry of […]
Judiciary grants authorization to postpone payments of IRPJ and CSLL levied on credit
Empresas estão buscando no judiciário autorização para postergar o pagamento do IRPJ e da CSLL incidentes sobre os valores recuperados por meio de processos após o reconhecimento da existência de recolhimentos feitos indevidamente.
Commission approves exemption of domestic employers and micro-entrepreneurs from labor appeal deposits
Byanca dos Santos de FariasLawyer at Marcos Martins Advogados The Economic Development, Industry, Trade and Services Committee of the Chamber of Deputies approved Bill 5.931/19 , which exempts domestic employers, individual micro-entrepreneurs and micro-companies from paying the appeal deposit. The appeal deposit is required of employers who seek to overturn a decision handed down in […]
Is it possible to auction the whole of a property to satisfy the debt of one of the co-owners?
Sob a Relatoria da Ministra Nancy Andrighi, o Superior Tribunal de Justiça realizou o julgamento do Recurso Especial nº 1818926/DF (2019/0154861-7), analisando a seguinte controvérsia: é admissível a alienação judicial da integralidade de um imóvel indivisível, mesmo que o devedor só seja proprietário de uma fração do bem?
STF rules that PIS and Cofins can be credited on the purchase of scrap metal
No último dia 08, o Supremo Tribunal Federal decidiu pelo direito ao crédito de PIS e COFINS na aquisição de sucata, que compreende insumos recicláveis, desperdícios, resíduos ou aparas.
Labor courts locate more than 3 billion reais forgotten in judicial accounts
Por meio do “Projeto Garimpo”, a Corregedoria-Geral da Justiça do Trabalho identificou o equivalente a R$ 3 bilhões de reais esquecidos em contas judiciais ativas associadas a processos trabalhistas já arquivados.
