CVM Instruction No. 600 and the new rules for real estate receivables certificates
By André Jerusalmy As of October 31st of this year, a set of new rules related to public offerings for the distribution of Agribusiness Receivables Certificates (“CRA”) will come into effect, as provided for in CVM Instruction No. 600, published on August 1st, 2018. As we will present below, said rule may bring […]
Extrajudicial Recovery and its modalities
By Vitor Ferrari In the current economic scenario, in which recovery appears to be slow, companies can count on an instrument that navigates between a good negotiation agreement and the guarantee emanating from a court decision. Known as Extrajudicial Recovery, this procedure serves to rebalance the financial liabilities of companies that […]
The appeal deposit after the labor reform (Law 13,467/2017)
By Letícia Cordeiro This text aims to address the main changes brought about by the Labor Reform regarding the appeal deposit in the Labor Court. The appeal deposit has the legal nature of a guarantee of judgment, its payment is exclusively the responsibility of the Defendant, and its value is based on the country's current minimum wage […]
Nullity of contractual clause of fiduciary alienation as security for family property in bank loan agreement
Por Leonardo Neri A alienação fiduciária de bem de família como garantia de empréstimo com instituição financeira pode ser configurada como negócio jurídico nulo, por violar expressa disposição da Lei nº 8.009/90 – proteção ao bem de família. Entende-se por alienação fiduciária em garantia – regulada na Lei nº 9.514/97 – o negócio jurídico […]
New Chapter in the application of IPCA to update Labor Debts
By Rafael Mello On August 4, 2015, the TST Plenary Court decided that the TR index “does not reflect the effective preservation of purchasing power” and determined the replacement of the TR index by the IPCA-e for updating labor debts from June 2009 onwards, excluding cases already paid off, a criterion that […]
Legal Hacking – The new trend for increasing business performance
By Leonardo Neri The legal routine experiences, on a daily basis, reflections of facts that have occurred in recent times that propagate practices linked to the enactment of new rules. To better illustrate this concept, it was recently seen that a hacker demonstrated Facebook's security flaw, by allowing people to post news on a third-party user's profile without […]
The New European Data Protection Directive and its Influence on the Consolidation of the National Law Approved by Congress
By Leonardo Neri and Attílio Freitas Data leaks. Potential global influences on elections. Uncertainties about the real scope and effects on the social fabric. Testimonies to the American Congress – widely publicized, analyzed in detail. Headquarters of micro-targeting companies being searched by the British police. Echoes of the Cold War. The Cambridge Analytica scandal. With the […]
Non-employee representative and the position of the Superior Labor Court
By Rafael Mello – 06/22/2018 Much has been said about the intertemporal application of the new procedural rules established by 13,467/2011, with discussions revolving around the application, or not, of such procedural rules immediately to the proceedings, regardless of whether the action was filed before the aforementioned law came into effect, that is, […]
Brief observations on the draft amendment to the Bankruptcy and Judicial Recovery Law
By Vitor Ferrari This text aims to bring to the table the discussions addressed in the Bill (“PL”) that intends to amend the Judicial Recovery Law (“LRF”), in force since 2005 and which has been serving as a useful tool in maintaining the activities of indebted companies, due to the political and commercial crisis experienced in these […]
Fintech regulation before Bacen
Por Attilio Freitas O Conselho Monetário Nacial (CMN), em abril, trouxe à tona a Resolução nº 4.656/2018 (“Resolução”). Por meio desse novo corpo normativo, o Banco Central buscou, como fim, fomentar a capacidade de inovação e ao mesmo tempo fortalecer e estimular a participação, no mercardo de crédito, de um determinado tipo de instituição financeira: as empresas (no mais das vezes start-ups) de tecnologia financeira – as chamadas […]