New Franchising Legislation is Enacted
By Marcos Francisco Vilas-Bôas Buzo On December 26, 2019, President Jair Bolsonaro sanctioned Law No. 13,996/19, establishing a new legal framework for the national franchise sector. The old legislation was completely modernized and more detailed, aiming to offer greater guarantees and legal security for the parties. The new legislation […]
Green and Yellow Employment Contract, the new hiring method
By Fabiana Aparecida da Silva and Letícia Cordeiro After provisional measure 881/2019, which became known as the “labor reform”, now also published by the Government on November 11, 2019, provisional measure 905/2019 “Green and Yellow Employment Contract”, a new contractual modality that not only has some of its own characteristics but also […]
Influence of LGPD on the innovation process
By Leonardo Neri Candido de Azevedo In principle, the new General Law on the Protection of Personal Data (LGPD) will come into force in August 2020 and will have a comprehensive impact on the market. However, little has been said or discussed about the impact of the new legislation on the innovation process in various […]
Amendments to the Bankruptcy and Judicial Recovery Law – Bills currently being processed in the Legislature
By Vitor Ferrari The Bankruptcy and Judicial Recovery Law, despite being relatively recent (it came into force in 2005), and which has served as a useful tool in maintaining the activities of companies in debt due to the political and commercial crisis experienced in recent years, has already required some adjustments throughout its existence. In 2015, […]
Accidents on the way to work are no longer considered to be work accidents
By Israel Cruz On November 11, 2019, Provisional Measure 905 came into effect, revoking item “d” of section IV of article 21 of Law 8213 of 1991, which treated accidents occurring on the way from home to work or from work to home as work-related accidents, […]
Replacement of appeal deposit with surety bond
By Hannah Priante, Letícia Neves, Israel Cruz The labor reform included § 11 in article 899 of the Consolidation of Labor Laws (“CLT”), allowing the replacement of the appeal deposit with a bank guarantee or insurance guarantee. The appeal deposit is a legal obligation so that the appealing party can partially guarantee the court to file […]
Innovations regarding timekeeping brought about by the Economic Freedom Act (Law 13,874/2019)
By Letícia Cordeiro and Fabiana Silva The Economic Freedom Law No. 13,874/2019, enacted on September 20, 2019, brought changes to several areas of Law and, in particular, Labor Law, so much so that it is called by some a “mini labor reform”. The aforementioned law brought substantial changes and alterations to the provisions contained in the Consolidation of Labor Laws […]
Strict Liability of the Employer under trial at the STF
By Rafael Mello and Israel Cruz On September 4, 2019, the Brazilian Supreme Court (STF) began the trial of Extraordinary Appeal 828040 (RE 828040), which discusses the possibility of employers being held objectively liable in cases of work accidents. This matter was recognized as having repercussions according to STF theme 932: “TOPIC 932 – Possibility of objective liability […]
Repetitive Appeal Judgment: Superior Labor Court rules out the possibility of cumulating hazardous and unhealthy work allowances
By Thais Carvalho and Israel Cruz Although the topic in question already has legal provisions under §2 of article 193, included by the legislator in 1977, there has always been some legal instability and conflicting decisions on the subject. On September 26, 2019, the Specialized Subsection I for Individual Disputes (SDI-1) of the Superior Labor Court […]
Regulatory Aspects of the Economic Freedom Act
The recent publication of the Economic Freedom Act (Law No. 13,874, of 2019) resulted in some changes in the Brazilian regulatory framework, both by creating the concept of “abuse of regulatory power” and by the new requirement for Regulatory Impact Analysis. The rule is presented in the context of the constitutional economic order, under the justification of establishing […]