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Law 14,010/2020 published, which provides for the emergency and transitional legal regime for private law relations during the coronavirus pandemic

June 12, 2020

Put Leonardo Neri and Barbara Oliveira  – 12/06/2020

Law 14.010/2020 was published today, June 12, which provides for the emergency and transitional legal regime for private relations during the period of confrontation with the coronavirus pandemic (Covid-19).

After a long process of discussion in the National Congress, Bill 1179/2020, which underwent several changes throughout its voting, was sanctioned by the President of the Republic, Jair Messias Bolsonaro, with some vetoes to certain articles of the text approved by the Chamber of Deputies and the Federal Senate (see article published on 05/15/2020 – https://www.mazzuccoemello.com/camara-dos-deputados-aprova-projeto-de-lei-1-179-2020-que-dispoe-sobre-regime-juridico-emergencial-e-transitorio-em-razao-da-pandemia-do-coronavirus/).

With regard to the acts of associations, companies and foundations, the President of the Republic vetoed the provision restricting the holding of meetings and assemblies, maintaining only the authorization to carry out acts by electronic means, even if not provided for in the articles of association of the legal entity.

Furthermore, Chapter IV of Bill 1179/20, which dealt with contractual relations, as well as Chapter VI, which dealt with leases of urban properties, considered the most anticipated provisions, were fully vetoed. It is worth remembering that the text sent for sanction prohibited the granting of an injunction for the eviction of urban properties in eviction actions filed as of March 20.

Another important change was the veto on the establishment of additional powers granted to the condominium manager, which provided for the possibility of restricting common areas and holding meetings and festivities by condominium owners. Furthermore, the possibility of holding condominium meetings virtually remains, as well as the obligation for the manager to provide regular accounts, under penalty of dismissal.

Chapter XI, which provided for exceptions to the prohibitions established by articles 99 and 100 of the National Traffic Code, was also completely vetoed, through the publication of rules issued by the National Traffic Council (Conatran).

Regarding the General Data Protection Law (LGPD), the extension of the validity of sanctions was maintained until August 1, 2021. The start of the validity of the LGPD will depend on the approval or not of MP No. 959/20, and the failure to transform the aforementioned Provisional Measure into law would mean that the LGPD would come into force in August 2020.

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