Loss of Validity of Provisional Measure No. 873
By Paola Gabriela de Carvalho Tosta On July 3, 2019, a statement signed by the President of the Senate, Davi Alcolumbre, was published in the Official Gazette of the Union regarding the loss of validity of Provisional Measure No. 873 (MP No. 873). MP No. 873 had as its purpose the prohibition of discounts on the contribution […]
Variations of up to five minutes in the intra-day break do not give rise to full payment of the rest hour
By Najla Mitre and Letícia Neves On March 25th of this year, the Superior Labor Court – TST decided in a judgment of a repetitive appeal incident that the eventual suppression of up to five minutes in the break for rest and food does not authorize the employee to receive a full hour as overtime. It is […]
Corporate compliance as an instrument for generating value
By Christian Fernandes Gomes da Rosa The importance of companies as institutions lies in the fact that they are efficient means of generating value for society and for their partners or shareholders. On the one hand, they are an organized form of optimized production of goods and services and thus increase the availability of supply, increasing the […]
Union contribution: the innovations brought by MP 873/2019
By Rafael Mello, Paola Gabriela de Carvalho Tosta, Leticia Cordeiro and Fabiana Aparecida da Silva On March 1, 2019, the Presidency of the Republic adopted Provisional Measure 873 (“MP 873”), which amended the Consolidation of Labor Laws, more specifically its articles 545, 578, 579, 579-A and 582, to give new […]
MP that enacted the ANPD in the General Data Protection Law and its legal effects
By Leonardo Neri Candido de Azevedo At the end of last year, the government published Provisional Measure (MP) 869/18, which creates the National Data Protection Authority (ANPD). After the authority’s initial veto of the new Data Protection Law project, it was approved. It is worth noting that, unlike what the […]
Normative Instruction authorizes the authenticity of copies in business registration by lawyers
By Luis Felipe Fornetti Eiras The Normative Instruction 60/2019, published on Tuesday, April 30, 2019, in the Official Gazette of the Union, by the National Department of Business Registration and Integration (DREI), which allows lawyers to authenticate copies of documents to be registered with commercial boards. According to the Normative Instruction, lawyers […]
Compensation for Loss of Consumer Useful Time (Productive Deviation Theory)
By Bárbara Oliveira The debate on whether compensation for moral damages caused by mere annoyances in everyday life is not admissible has certainly been exhausted. However, debates still arise regarding the distinction between the mishaps of everyday life and the real characterization of the damage. In the consumerist sphere, the tendency is to attribute to the […]
National Conciliation Week – Registration until May 1, 2019
By Israel Cruz With the promotion of the National Council of Justice (CNJ), the Labor Courts will hold the 5th National Labor Conciliation Week between May 27, 2019 and May 31, 2019. The registration of cases for conciliation may be done directly by the Labor Court or by the parties involved. Cases that are being processed in the Regional Court of […]
The importance of the lawyer in the face of the legality control of the Judiciary in the Judicial Recovery Plan
By Ivan Kubala and Vitor Ferrari As mentioned in a previous article, Law No. 11,101/2005 (LRF), which established the judicial recovery of entrepreneurs and business corporations, has been frequently used by many companies that, although they are in difficulty, demonstrate a real possibility of restructuring and rapid recovery, in order to maintain their production source […]
Legalization of online sports betting and legal challenges
By Leonardo Neri At the end of last year, sports betting was legalized in Brazil, as per the enactment of Law No. 13,756/2018. However, the Ministry of Finance still needs to regulate the rule, clarifying how the operation will be established, and who will be the agents qualified to explore the activity. The deadline for regulation should occur in […]