Intertemporal application of changes to the Judicial Recovery Law.
By: Vitor Antony Ferrari and Ivan Kubala The new wording of the Judicial Recovery Law (Law No. 11,101/2005), amended by Law No. 14,112/2020, came into force two months ago and has already generated several discussions, one of which is about its application to the processes that were in force at the time of the beginning of its […]
The Mandatory Nature of Every Tender to Have a Risk Matrix – Economic-Financial Rebalancing
By: Leonardo Neri Concessions, as provided for in article 4 of Law 8987/1995 – Law of Concessions and Permits, are formalized by means of a contract, entered into between the individual, winner of the bid, and the Public Administration, whose objective is the provision of a public service, remunerated for the exploitation of the service, but under contractual guarantee of a […]
Provisional Measure No. 1,031: The Attempt to Establish Itself as a Liberal Government
By: Leonardo Neri On February 23, the President of the Republic enacted the infamous MP 1.031, with the aim of accelerating the privatization process of Eletrobras, a giant in the generation and transmission of energy in the country and which was recently the subject, in January 2021, of the resignation of its president, Wilson Ferreira Junior, […]
Bill 4,253 of 2020 – The new Procurement Law
By: Leonardo Neri The Bill that updates the Bidding Law was approved by the National Congress, but it still awaits approval by the President of the Republic. During this period, Mazzucco & Mello will provide introductory articles to explain the new rules. In this first text, we will present the main structural changes to the Bidding Process. […]
Consumer Protection Code completes 30 years in force
By Leonardo Neri On March 11, 2021, the Consumer Protection Code completes 30 years in force, having proven itself, throughout this time, to be an important legal instrument. With the entry into force of the current Federal Constitution, in 1988, the State’s protection of the consumer began to be treated as […]
PLD Hours: Reality and Accuracy
By: Leonardo Neri In January 2021, a new way of calculating the price of electricity came into effect, motivated by the strong expansion of production and the change in the electricity matrix, which gained other intermittent sources and created the need for greater precision in the pricing mechanism. According to the Plan […]
Lockdown and the State's Duty to Pay Compensation
By: Leonardo Neri Starting the topic, we must read the Federal Constitution, mainly, article 37, paragraph 6, of the Magna Carta, which clearly states: “The direct and indirect public administration of any of the Powers of the Union, the States, the Federal District and the Municipalities will obey the principles of legality, impersonality, morality, publicity […]
STF decides that the right to be forgotten is incompatible with the Federal Constitution
By: Leonardo Neri In 2013, the Brazilian judicial system recognized for the first time the applicability of the right to be forgotten, in a trial held by the 4th Panel of the Superior Court of Justice, with unanimous decisions on two special appeals filed in a lawsuit filed against Rede Globo de Televisão. Said trial became a […]
Ministry of Economy presents proposal for differentiated treatment of SMEs in the application of LGPD
By: Leonardo Neri With the entry into force of the General Data Protection Law (LGPD), there has been a considerable increase in concerns regarding the viability and applicability of the legislation to micro and small businesses. This is also a topic that is in Phase 1 of the Regulatory Agenda of the National Data Protection Authority […]
PGFN reopens debt renegotiation program and allows debt installments for companies undergoing judicial recovery
Amid the crisis caused by the pandemic, another measure was published this week by the Attorney General's Office of the National Treasury (PGFN) so that individuals and legal entities can negotiate their debts with the Union. This is the reopening of the deadline for joining the Fiscal Recovery Program, which allows taxpayers to enter into tax transactions and […]