Court recognizes right to use PIS and COFINS credits on LGPD expenses
In a recent and groundbreaking decision, the Federal Regional Court of the 2nd Region recognized, in an unprecedented way, the possibility of a company (focused on the technology sector and digital means of payment) taking advantage of PIS/COFINS credits on expenses to meet the requirements of the General Data Protection Law (LGPD). The decision of […]
Salary can be garnished in labor proceedings as long as the debtor’s livelihood is maintained
Luara Zanfolin Frasson de RezendeLawyer at Marcos Martins Advogados Natália Tenório da Silva The Regional Court of the 2nd Region held that it is possible to attach salaries to satisfy labor claims as long as the debtor’s livelihood is not compromised. In a labor claim in which an agreement was reached between the parties and […]
TRT of the 15th region recognizes incompetence of labor courts to expropriate assets of company under judicial reorganization
A 5ª Turma da 9ª Câmara do Tribunal Regional do Trabalho da 15ª Região deu provimento ao Agravo de Petição interposto por Empresa do Interior Paulista que se encontra em Recuperação Judicial, que buscava a reconsideração da ordem de penhora da sua frota de caminhões, suspendendo os atos executórios para deferir a expedição de certidão para habilitação dos créditos no Juízo Recuperacional.
TRT-2 understands that covid-19 can only be considered an occupational disease if it is related to the employee’s activities
Mariana Saroa de SouzaLawyer at Marcos Martins Advogados The TRT of the 2nd Region held that Covid-19 can be recognized as an occupational disease as long as the causal link between the employee’s professional activities and the disease is characterized. In a lawsuit filed by the estate of a worker who contracted Covid-19 and died […]
Regional Labor Court exempts company from paying fine for paying severance pay in installments
Bruna Zampieri ColpaniLawyer at Marcos Martins Advogados The Regional Labor Court of the 24th Region – MS, exempted a company from paying the fine of art. 477 of the CLT, for the installment of severance pay, on the grounds that the weighting must be applied between the right of workers provided for in the legislation […]
Regional Labor Court denies employment relationship to motorcycle courier
The Regional Labour Court of the 12th Region dismissed a claim by a motorcycle courier who sought to be recognized as an employee of a restaurant in a town in the interior of Santa Catarina.
