What are the implications of judicial recovery for creditors?
By Vitor Antony Ferrari, Ivan Kubala and Nicoly Crepaldi Minchuerri* In order to remain operational, generating jobs, boosting the economy and fulfilling their social function, many companies in financial difficulties opt for Judicial Recovery. This is an extreme measure, the company’s last attempt to avoid bankruptcy and, consequently, the closure of […]
STJ to rule on important tax issues this week
The trial of important tax theses is scheduled for October 25, 2023 (Wednesday), by the First Section of the Superior Court of Justice (“STJ”), the body responsible for unifying precedents among the two Panels that judge tax issues in that Court. We emphasize the following judgments: Theme No. 986 of the Repetitive Appeals refers to the thesis of […]
CVM Circular Letter on Receivables Tokens
By Moema Giovanella The result of extensive debate by the Securitization Superintendence – SSE of the Securities and Exchange Commission – CVM with the market after the first publication on the subject, Circular Letter CVM/SSE 4/2023 (OC 4/23), together with Circular Letter CVM/SSE 6/2023 (OC 6/23), published on 07/05/2023, aims to publicize […]
Changes to the new Code of Best Corporate Governance Practices
By Fernanda Lazzarini* The 6th edition of the Brazilian Institute of Corporate Governance (IBGC) Code of Best Corporate Governance Practices aims to contribute to the sustainable development and transparency of organizations by encouraging the conscious and effective use of corporate governance instruments. The document includes five principles: […]
Limits on compensation for moral damages are parameters, not ceilings
By Rafael Mello and Israel Cruz The Brazilian Supreme Court (STF), in which the majority of ministers determined that labor compensation for moral damages may exceed the limit established in the Consolidation of Labor Laws (CLT). The prevailing interpretation was that the amounts determined by the legislation serve as a guide, and not […]
Launch of PAC Selections
By Moema Giovanella* On August 11, the federal government presented and published in the Official Gazette of the Union the third Growth Acceleration Program – PAC, established by Decree 11.632/23, aiming at economic growth in Brazil through the incentive of private investments and increased public investments in the infrastructure sector. The investments […]
'Resolve Já' program is approved by Alesp
Last Wednesday (09/27), the Legislative Assembly of the State of São Paulo (Alesp) approved Bill (PL) No. 1,246/2023, a regulation that aims to establish the program called “Resolve Já”, an initiative of SEFAZ-SP with the objective of bringing better conditions for the negotiation of ICMS debts between the São Paulo Tax Authority and the Taxpayer of […]
E-Social: Labor Processes must be reported in the system from October
By Rafael Mello and Israel Cruz As of October 1, 2023, social security and social contributions resulting from convictions or approvals issued by the Labor Court must be recorded in eSocial and confessed in DCTFWeb – Labor Complaints. It is worth mentioning that this date was confirmed by the Brazilian Federal Revenue Service (RFB) […]
Approval of Bill 2.646/20 by the Senate
By Moema Giovanella On September 19, 2023, the Federal Senate approved Bill 2.646/20 (“PL 2.646/20”), which establishes tax benefits for infrastructure projects in the country, through infrastructure debentures, proposing changes to the current regulation of incentivized debentures. The text, from the Chamber of Deputies, […]
The return of the Quality Vote in CARF
This week, Law No. 14,689/2023 was enacted, definitively repealing the tie-breaking rule in favor of the taxpayer in trials held by the Administrative Council of Tax Appeals (“CARF”). In the event of a tie, the vote of the President of the Panel, who is a representative of the Treasury, will prevail. This is certainly a provision that guarantees victory for the Tax Authorities […]