Discussion about the possibility of issuing a certificate of tax compliance to a branch when there are debts from the parent company or another branch is suspended in the STJ
Por Camila Friaça O Relator Ministro Sérgio Kukina acompanhado pelo Ministro Napoleão Nunes Maia Filho entendeu pela possibilidade da expedição de certidão de regularidade fiscal para filial caso as dívidas da matriz ou de outra filial sejam o motivo impeditivo. O voto foi proferido no julgamento do AResp n.º 1.286.122, ao argumento de que a […]
Bill No. 3,515/2015 – Prevention of Over-indebtedness and its Impact on the CDC
By Barbara Oliveira After the period of incentives for granting credit, the consequences of the lack of education for using the credit granted remained. The result of this creation of facilitations is the increase in the number of people who have committed their income in an exorbitant way, which has caused a major economic impact on the country. Given the […]
Legal system regulating appropriate methods of conflict resolution: some news about mediation.
By Fábio Marques It is possible to say that there is a regulatory legal system for appropriate methods of conflict resolution, alternative to judicial methods, composed of the Civil Procedure Code, Law 13.105/15, the Mediation Law (Law 13.140/15) and the Resolution of the National Council of Justice Res CNJ 125/2010. Resolution CNJ 125/2010 was prepared […]
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 […]
Arbitration clause provided for in the Articles of Association of a publicly-held company: prevention for conflict resolution. The Petrobrás case.
By Fabio Marques Law No. 13,129/15 introduced into the text of the arbitration law – Law No. 9,307/96 and into the text of the Corporations Law – Law No. 6,404/76 – a specific provision to regulate the arbitration agreement in the Articles of Association of the publicly-held company, which became mandatory for all investing shareholders […]
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 […]
Limitation of Compensation Amounts for Moral Damages in Employment Relations
By Thatiany Silva, Fabiana Aparecida da Silva, Ronny Mendes The rupture of the tailings dam in Brumadinho (MG) reignited the discussion about the limitation of moral damages introduced through Law No. 13,467/2017 (Labor Reform), more precisely by articles 223-A to 223-G, and will be addressed in the Supreme Federal Court through Direct Actions […]
Out-of-court settlements in the Labor Court
By Israel Cruz, Najla Mitre and Letícia Neves With the entry into force of Law 1.3467/2017, employees and employers now have a faster and more reliable device to solve their problems, since with the inclusion of item “f” of article 652 of the CLT, it will be up to the Labor Courts to “decide on the […]
Federal Court of the 3rd Region dismisses STJ's repetitive request to veto the incidence of IPI on the resale of imported products
By Marcelo Blecher and Camila Friaça The Federal Court of the 3rd Region rejected the understanding consolidated within the Superior Court of Justice (“STJ”), in the systematics of repetitive appeals, when judging Special Appeal No. 1,403,532/SC, in the sense that customs clearance and the sale of a product would be two separate operations and […]