Multi-ownership (Time Sharing) of Urban and Rural Properties
By: Vitor Antony Ferrari and Ivan Kubala. In short, time sharing or multi-ownership consists of sharing assets, whether real estate or movable, for a period of time, which may belong to one or more partners/investors. It is a type of temporal division of the asset. In Brazil, 02 (two) years before Law No. 13,777/18 was enacted, […]
M&A SERIES | Part 1: What is an M&A?
By: André Jerusalmy 1 – INTRODUCTION: In order to explain, and even demystify, to our clients and partners some concepts often used in mergers and acquisitions (also popularly known as “M&A”), we will publish a series of articles on how such operations work. Our goal is to be able to provide […]
The Unconstitutionality of the ICMS/SP Tax Substitution and the Advantage of Energy Derivatives
08/30/2021 In 2009, the state of São Paulo published Decree 54.177/2009, which established a tax substitution regime for the collection of ICMS on electricity within the scope of the free energy market, attributing new wording to §§ 2º and 3º of art. 425 of the ICMS Regulation, determining that energy distributors collect […]
Payment Conditions for Labor Creditors – Updates in Accordance with the Reform and Recent Case Law
By: Vitor Antony Ferrari and Ivan Kubala* As is known, the legislation that provides for judicial recovery and bankruptcies dates back to 2005, although until the beginning of 2021 the original text underwent very few or almost no changes, so that during 15 (fifteen) years of validity it was up to the Judiciary to settle […]
The Federal Revenue Service understands that ICMS should be excluded from the calculation of PIS/COFINS credits
In an opinion, the Brazilian Federal Revenue Service (RFB) presented an understanding that ICMS should be excluded from the calculation of PIS and COFINS credits taken on acquisitions of inputs and other goods subject to crediting of contributions in the non-cumulative system, which would reduce the value of these credits. Although not yet published – […]
The possibility of replacing the IGP-M as an adjustment index in Lease Agreements
By: Vitor Antony Ferrari and Ivan Kubala* The application of the IGP-M (general price index – market) has been widely discussed due to the disproportionate accumulation that the index has been indicating since 2020, which has generated an increase in legal demands seeking to replace this index with a less onerous one, mainly in […]
Russian hackers leak credit card data from 1 million cards, some of which belong to Brazilians
By: Leonardo Neri According to digital security companies, such as Q6, D3Lab and Cyble, an attack on international data has occurred again, this time, it is believed to have been carried out by the All World Cards group, totaling 1 million leaks, of which 72 thousand are from Brazilians, in banks such as Santander; Itaú; Bradesco; Nubank; Banco do Brasil; Caixa Econômica […]
Privatization of the Post Office
08/20/2021 By Antonio Carlos Mazzucco and Fabiana Porta Recently, the Chamber of Deputies approved Bill 591/2021, which provides for the end of state control of the Post Office, a federal public company linked to the Ministry of Communications and whose purpose is to execute and control, under a monopoly regime, postal services throughout the territory […]
Joint Normative Instruction 01/2021 and the investigation of administrative infractions due to conduct and activities that are harmful to the environment
By Leonardo Neri In April 2021, the Joint Normative Instruction number 01 of 2021 (INC 01/2021) was published in the Official Gazette of the Union, prepared by the Ministry of the Environment, IBAMA and the Chico Mendes Institute, in order to amend the Joint Normative Instruction number 02 of 2020 (INC 02/2020), which regulates the process […]
Support for Telemarketing Company in Response to MPT Official Letters and Inquiries amidst the COVID-19 Health Crisis
Legal support for the continuity of operations amid inspections by the Ministry of Labor and Employment, City Halls and inquiries by the Public Ministry of Labor. Our office provided legal support to a telemarketing company that was facing a series of official notices and civil inquiries promoted by City Halls, the Ministry of Labor and Employment […]