Legal Framework for Loan Guarantees via Law 14,711/23
By Moema Giovanella The entry into force on October 31, 2023 of Law 14,711/23 establishes the Legal Framework for Loan Guarantees, improving the rules for treating credit and guarantees and extrajudicial measures for credit recovery in Brazil. The topic brings great expectations from the market due to the advances it represents to the loan recovery system […]
MTE Ordinance No. 3,714: New guidelines for equal pay
By Rafael Mello and Israel Cruz Ordinance MTE No. 3,714 of November 24, 2023, was published, regulating Decree No. 11,795/2023. This decree is a milestone for equal pay and remuneration criteria. The ordinance outlines specific administrative procedures for the actions of the Ministry of Labor and Employment, focusing on mechanisms […]
Ministry of Health includes 165 new occupational diseases in the official list
By Rafael Mello and Israel Cruz The Ministry of Health published this Wednesday (11/29/2023) an ordinance that included 165 new pathologies in the list of work-related diseases, as published in the “Diário Oficial da União”. With this inclusion, the number of recognized diagnostic codes increases from 182 to 347. This update reflects a growing […]
Judicial Recovery or Bankruptcy of Banking Institutions?
By Vitor Antony Ferrari and Ivan Kubala* With the recent bank failures of Silicon Valley Bank (SVB), in California, and Signature Bank, in New York, both in March of this year, there was much speculation about a possible new global banking crisis, similar to that of 2008. These rumors reached Brazil, which, together with the rise in […]
STJ rules in favor of the taxpayer on the issue of “double PAT”
In October, the 2nd Panel of the Superior Court of Justice (“STJ”), unanimously, pointed out that the limitations brought by Decree No. 10.854/2021 to the deduction of amounts allocated to the Workers’ Food Program (“PAT”) from the calculation of IRPJ, a relevant and assertive precedent established for the benefit of Brazilian taxpayers, are illegal. The reasons that led to […]
New BCB Resolution No. 339 updates the rules regarding written duplicates
By Moema Giovanella The National Monetary Council – CMN, the Central Bank of Brazil – BCB and the Securities and Exchange Commission – CVM have been building an important regulatory agenda in recent years to increase competitiveness and security in the negotiation of commercial receivables in the country. Just like the changes to the rules for receivables […]
STJ is expected to rule on the exclusion of ICMS-ST from the PIS and COFINS base on 11/22
The Superior Court of Justice has scheduled the trial of Repetitive Theme No. 1,125, which deals with the exclusion of ICMS-ST from the PIS and COFINS calculation basis, for November 22, 2023. Theme No. 1,125 of the Repetitive Appeals refers to the exclusion of ICMS due in the tax substitution system (ICMS-ST) by the substitute of […]
Tax Reform was approved in the Federal Senate
Last week, the Federal Senate approved, in 2 Rounds, the Consumption Tax Reform – Proposed Amendment to the Constitution No. 45 (PEC No. 45), which, despite the various exceptions and regimes favored in the text, maintains its elementary characteristics, when it comes to the implementation of the Value Added Tax (“VAT”) in Brazil. The […]
STF schedules ICMS-Difal trial for November 22nd
The Supreme Federal Court has scheduled for trial on November 22nd the Direct Actions of Unconstitutionality (ADIs) No. 7,066, 7,070 and 7,078, which discuss and question part of Complementary Law No. 190/2022, which amends the Kandir Law (LC 87/1996) to regulate the collection of the ICMS Tax Rate Differential on operations and services […]
The role of judicial administrators in the Conversion of RJ into Bankruptcy
By Vitor Antony Ferrari The Judicial Administrator plays a fundamental role in the process of converting a judicial recovery into bankruptcy. The conversion occurs when the company in the process of judicial recovery is unable to comply with the recovery plan or the conditions established by law, which leads to the conversion of the recovery process into a […]