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 […]
STJ reaffirms the court’s case law on the appropriateness of arbitration against a company in judicial reorganization
Terceira Turma do Superior Tribunal de Justiça (STJ), no julgamento do RESP 1.953.212/RJ, de relatoria da Ministra Nancy Andrighi, reforçou a jurisprudência da Corte sobre o cabimento de arbitragem contra empresas em Recuperação Judicial,.
Property is not a substitute for cash when enforcing a judgment, decides 3rd panel of the STJ
Tatiane Bagagí FariaLawyer at Marcos Martins Advogados In a recent decision, the 3rd Panel of the Superior Court of Justice ruled on Special Appeal No. 1942671/SP (2020/0157074-0) and established the understanding that the property offered for seizure by the debtor does not replace payment in cash of the amount charged, considering the preferential order of […]
Only partners who managed the legal entity at the time of the irregular dissolution are liable for tax debts
Bárbara de Alcântara MattosLawyer at Marcos Martins Advogados The Superior Court of Justice recently ruled that only the partners who managed the company at the time of its irregular dissolution can be held liable for a legal entity’s tax debts. Thus, those partners, even if they were managers at the time of the taxable event, […]
Dismissal for just cause for exposing confidential data
Heloisa de Alencar SantosLawyer at Marcos Martins Advogados In a decision handed down by the Regional Labor Court of the Second Region, the dismissal for just cause of an employee who passed on sensitive data from the company that took over his services was upheld on the grounds that those who hold, control and operate […]
Federal Revenue Service to close deadline for settling small federal debts
Alana DahroujLawyer at Marcos Martins Advogados On November 30, the Federal Revenue Service will close the deadline for adhering to the transaction of small federal debts (not exceeding 60 minimum wages) that have not yet been registered as active debt. In addition to making it possible to reduce the amount owed, this type of transaction […]
