Transparency and Judicial Recovery
Transparency and corporate governance are essential for the success of judicial recovery, ensuring creditors' trust and the viability of the restructuring. Law 11.101/2005 requires the presentation of reliable accounting information, highlighting the need to provide it with integrity; while governance must be guided by principles such as accountability and compliance. A lack of transparency can compromise the process, while good governance practices increase the chances of overcoming the crisis. Therefore, integrity in conducting judicial recovery is essential to preserve companies, jobs and economic activity.
Speed, equity and effectiveness in corporate arbitration
Corporate arbitration lasts approximately 15 months—much less than the years required in the Judiciary—because the parties, under art. 21 of Law 9.307/1996, define deadlines and evidence and do not face successive appeals. The law also allows for judgment by equity, authorized in the arbitration clause, which enables flexible solutions. The award is unappealable, except for specific nullities, and its judicial execution requires only a petition with the award; thus, arbitration offers speed, adaptation and legal certainty.
Of the 21 binding theses of the TST – the act of dishonesty and the validity of just cause
The Plenary of the Superior Labor Court established this Monday (24/02/2025) 21 binding theses and admitted 14 new incidents of repetitive appeals. The improvement in the wording of the theses is scheduled for the week following Carnival, before they are sent to the ministers for final approval.
Binding understandings affirm and consolidate understandings of the Superior Court, in order to bring legal certainty to the country. All 21 binding theses published are understandings issued by the TST collegiate body, without any divergence between them.
One of the theses standardized by the TST that generated a binding understanding was dealt with in RRAg 00006761-75.2023.5.04.0611, considering that the mere imputation of an act of dishonesty to the employee is not sufficient to validate dismissal for just cause.
The term for the new wording of NR-1 (Occupational Risk Management) to come into effect has been extended
This Friday (16), Ordinance MTE nº 765 was published, extending the deadline for the validity of the new wording attributed to chapter “1.5 – Occupational Risk Management” of NR-1.
The new deadline set by the MTE applies exclusively to psychosocial factors, which involve aspects such as the way work is organized, interpersonal relationships, management culture, pressures for performance and the emotional conditions to which workers are exposed. These are risks that, although not visible, cause significant impacts on the mental health of professionals, with direct repercussions on absenteeism, turnover and organizational performance.
Our office is ready to help your company adapt to the new regulations, offering consulting services to identify risks, develop action plans, and ensure compliance, promoting a healthy and productive work environment. Contact us to learn more!
Corporate arbitration – Regulatory foundations and cost analysis
Corporate arbitration, regulated by Law 9,307/1996, equates its awards to judicial ones (arts. 3 and 31) and, according to the STJ (REsp 1,733,685/SP), excludes state jurisdiction except for execution or annulment under the terms of art. 32. Its preference stems from three factors: (i) specialization of arbitrators (arts. 1314), ensuring technically adequate decisions; (ii) speed, as the procedural autonomy of art. 21 eliminates the appeal chain, reducing the average duration to 16 months, compared to more than five years in the Judiciary (FGV, Retrospective 2024); and (iii) confidentiality, ensured by art. 22C and art. 189 IV of the CPC/2015. Although initial costs are higher, a Migalhas/FGV study (2025) found overall savings of R$34,000,000 thanks to lower capital ties and a lack of resources. This advantage is reinforced by staggered mandatory mediation clauses (MedArb), as demonstrated in a R$110 million dispute resolved without the need for an arbitration tribunal. Landmark cases, such as the Petrobras Funds on the B3 CAM, illustrate its effectiveness in combining confidentiality, technical decisions, and reduced financial impact, consolidating arbitration as a natural forum for disputes in complex corporate structures.
CVM provides guidance on the distribution regime for FIAGRO's results
On April 3, 2025, the CVM published Joint Circular Letter CVM/SSE/SNC No. 1/2025, providing guidance on the distribution of income from Agribusiness Production Chain Investment Funds (FIAGRO). The document clarifies that these funds cannot distribute profits based on the cash basis, as per art. 10 of Law No. 8.668/1993. Distribution must follow the accrual basis, limited to actual accounting profit. Funds that still use the cash basis must adapt their regulations, particularly to ensure compliance with Normative Annex VI of CVM Resolution No. 175, in effect since March 2025.
Binding Thesis of the TST on the refund of employee commissions in cases of default or cancellation of purchase by the customer
In the context of employment relationships and their implications on commissions paid to employees, an important binding thesis was discussed by the Superior Labor Court (TST) in case RRAg 11110-03.2023.5.03.0027. This thesis deals with a crucial issue for employers and employees who work with sales and commissions: default or cancellation of the purchase by the customer does not authorize the employer to refund the commissions already paid to the employee.
Regarding the case of the aforementioned appeal, the TST approved the statement of one of the 21 binding theses brought forward, which, in turn, affects the interpretation of labor standards applicable to commissions.
PIX and commerce: legal challenges and mandatory changes
Provisional Measure No. 1,288/2025 regulates the use of Pix in commerce, prohibiting the charging of additional fees for payments in this method and equating it to cash payments, in accordance with Law 13,455/2017. Therefore, the price charged via Pix must be equal to or lower than the price charged in cash, ensuring greater consumer protection and transparency in commercial transactions.
Companies must adjust their pricing and billing systems to comply with the new rules, avoiding fines, lawsuits, and reputational damage. The provisional measure is effective immediately but still requires approval by the National Congress and may undergo changes during the legislative process.
This measure strengthens Pix as a tool for financial inclusion and business simplification, requiring merchants to adapt quickly to avoid penalties and maintain consumer trust. Our legal team is monitoring the discussions and is available to provide guidance on the impacts of this regulation.
CVM publishes guidelines on the limited liability of Real Estate Investment Fund (FII) unitholders
On March 18, 2025, the Brazilian Securities and Exchange Commission (CVM) published Circular Letter SSE 02/2025, which provides guidance on the responsibility of Real Estate Investment Fund (FII) shareholders in situations of negative net equity.
Just cause for gambling during working hours: legal analysis and consequences
The recent decision by the Regional Labor Court of the 2nd Region (TRT-2), which confirmed the dismissal for just cause of an employee caught gambling during working hours, is a strong reminder of the importance of ethics and responsibility in the workplace.