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Category: Informatives

Courts allow judicial deposits to be replaced by guarantee insurance

Decree encourages projects with environmental and social benefits

The concept of profit to be considered in international treaties according to the STJ

The National Monetary Council regulates joint and several guarantee companies and counter-guarantee companies

The Labor Court and the effective use of electronic media due to the COVID-19 pandemic

MAPA launches National Bioinput Program for the use of biological resources in agriculture and livestock farming

Covid-19 and the increase in labor lawsuits

Census of Foreign Capital in the Country

CADE allows collaboration between competitors in times of coronavirus

Company’s request for suspension of the effects of the protest of a title granted due to the Covid-19 pandemic

Company in Judicial Recovery may use amounts raised in auctions to maintain its activities during the pandemic

Normative Instruction provides for the modernization of procurement planning by the Public Administration

STF to rule on ISS charges for customized software licensing

Sixth Panel of the Superior Labor Court establishes understanding on the obligation of labor debts in sales of isolated units in Judicial Reorganization Proceedings

Decree regulates the use of the financial credit provided for in the new IT Law

CVM authorizes remote participation and voting for debenture holders

Regulatory sandbox rules published

TRT recognizes adoption of COVID-19 protective measures and frees company to operate

National Mining Agency launches Lavra Plan with actions to minimize the effects of the pandemic and bring security to investors

Securities and Exchange Commission makes it possible to submit Administrative Agreements electronically

Companies that have reached labor agreements can suspend payment of installments for 90 days due to the pandemic, says labor judge

Application of the Differentiated Regime extended during the pandemic

Due to Covid-19, a company in Judicial Recovery has had its obligations suspended for four months

STF suspends the effectiveness of Provisional Measure 954/2020

STF preserves the possibility of reducing salaries by individual agreement without the need for union endorsement due to the Covid-19 pandemic

STF recognizes the general repercussion on the unconstitutionality of the SISCOMEX tax increase

Registry offices now offer 100% online deed and power of attorney services

Regional Court of the 2nd Region to hold hearings and sessions by videoconference

Health insurance coverage for Covid-19 cases – New coronavirus

Circular regulating Open Banking published

STF consolidates understanding that ICMS is levied only on electricity actually used

CVM trials to be held exclusively by videoconference

TJSP accepts request to reduce rent during quarantine period on the grounds of the Theory of Imprediction

STF upholds validity of salary reduction agreement between company and employee, but communication to union still required

Attorney General’s Office extends deadline for debt negotiation

Labor court suspends payment of settlement due to COVID-19 pandemic

Cancellation of trips and events due to Covid-19

New agreements deal with tax base reduction and extend tax benefits

Santa Catarina court rules, in preliminary injunctions, that the laboratory must proceed with the delivery of flu vaccines

TJSP considers illegal the use of the Referential Rate as an index in the Judicial Recovery Plan

CNJ suspends procedural deadlines in the country until April 30

Injunction authorizes extension of federal tax payments for three months

Capatazia is part of the calculation basis for import tax – STJ ruling changed

Provisional Measure waives prior registration of corporate act for issuance of securities by corporations

Deadline to join the extraordinary transaction ends today

Provisional Measure No. 927 of 2020 – Flexibility of Labor Rights in times of Coronavirus

Court recognizes elected forum in contract based on Economic Freedom Act

Diagnosis of the disease as the starting point for the limitation period in accidents at work

Employee who uses medical certificate to gain advantage can be dismissed for just cause

Marcos Martins Advogados is featured in the March issue of Lawyer Monthly Magazine

São Paulo Court of Justice suspends injunction to repossess machinery belonging to company in Judicial Reorganization

Tax offsetting: federal judge suspends imposition of 50% fine on non-approval

“Best execution of orders”, concern for non-institutional investors is the subject of discussion before the CVM

After a major clash with ANAC, the Judicial Recovery Plan of the Viracopos Airport Concessionaire (ABV) is approved

What do you need to know to expand your business?

Third Panel of the TST dismisses double vacation pay for employee

New Franchise Law comes into force in March – See the changes

STF decision reduces tax burden on commercial exporting companies (Tradings)

STJ to decide on criteria for seizing company revenues

Federal Regional Court of the 3rd region recognizes the right to exclude PIS and COFINS amounts from its own calculation base

Update of the Register of Foreign Capital in Brazil (Base Year 2019)

TST does not recognize employment relationship between driver and UBER

The possibility of maintaining companies in judicial reorganization in tax installment plans

STJ to establish thesis to define conditions of funding and coverage for inactive beneficiaries of collective health plan

Declaration of Brazilian Capital Abroad 2020 – See how to make the declaration

STJ rules that the health plan must cover the expenses of companions of elderly patients

Judicial Recovery for Rural Producers

TJSP orders hospital to pay compensation for medical error

Company settles for 10% of the value of the Labor Claim risk

São Paulo court upholds father’s conviction for emotional abandonment

São Paulo tax authorities establish requirements for the possibility of maintaining two establishments at the same address

Federal Revenue threatens companies that exclude ICMS from the PIS and COFINS calculation base

TJSP rules out tax tariff for calculating ISS in Civil Construction

TJSP holds Financial Institution responsible for charging abusive interest in Personal Loan contract

Court recognizes the nullity of a guarantee given without a spousal grant and dismisses the execution in relation to the spouse/guarantor

New Special Installment Program – PEP for ICMS in the State of São Paulo

Labor Court reconsiders rent seizure order and orders Labor Credit to be qualified in RJ

Growth in the number of companies in MG exceeds 12%

IRS to tax discounts given in installments

Normative Instruction allows lawyers to authenticate copies of registrations with the Board of Trade

TRT approves WhatsApp agreement with Pernambuco worker

Hours In Itinere: STF legitimizes Collective Bargaining Agreement that removed the obligation to pay labor rights

Informal time control provided for in a collective bargaining agreement rules out the obligation to pay overtime

Labor court sentences plaintiff to fine for bad faith litigation

TST establishes thesis on the tolerance of five minutes in intra-day breaks

Luxembourg introduces Final Beneficiary Declaration for companies

TST condemns company for withholding work permit after employee’s death

STJ decides that enforcement of astreintes can be passed on to heirs in actions involving the right to health

Court rules out the requirement to regularize any pending tax issues in order to register contractual changes

Update of the Register of Foreign Capital in Brazil (base year 2018) – Make your declaration

STF rules out attachment of guarantor’s family assets in commercial leases

STJ recognizes that management fee and credit risk fee are due in housing finance contracts

Current account blocking: New BACENJUD 2.0 modality promises a more effective search

Profit sharing is not included in alimony calculations

Federal Revenue Office publishes normative opinion on the concept of inputs for PIS and COFINS credit purposes

Law 13.767/2018 sanctioned, authorizing workers to take time off work to undergo preventive cancer examinations

CVM Guidance Note No. 38 – Indemnity Agreements between listed companies and their managers

TRT dispenses with the need to submit a calculation statement with the initial claim

Company not summoned in person to hearing can overturn conviction

The deadline for providing the information needed to consolidate the PERT began yesterday