The role of judicial administrators in the RJ process
By Vitor Antony Ferrari, Ivan Kubala and Nicoly Crepaldi Minchuerri* Bankruptcy and recovery proceedings are very large and complex processes, so much so that it is impossible for judges to conduct them without specialized help, even more so when they are responsible for judging hundreds of different cases. In order to guarantee speed and legal certainty to these […]
STJ – Summary of the judgments on tax theses from 10/25
As widely reported, the First Section of the Superior Court of Justice (STJ), the body responsible for unifying precedents on tax matters in that court, was scheduled to hear important tax cases on October 25th. Among the main trials on the STJ's agenda, the following stand out: – Topic No. […]
New deadline for negotiating tax credits for active debt
On October 2, the Attorney General's Office of the National Treasury (PGFN) published PGDAU Notice No. 4/2023, which extends the possibility for taxpayers to join Federal Tax Transactions, an institution created to facilitate the negotiation of debts registered as active debts with the Union. There are several modalities eligible for membership, divided between […]
What are the implications of judicial recovery for creditors?
By Vitor Antony Ferrari, Ivan Kubala and Nicoly Crepaldi Minchuerri* In order to remain operational, generating jobs, boosting the economy and fulfilling their social function, many companies in financial difficulties opt for Judicial Recovery. This is an extreme measure, the company’s last attempt to avoid bankruptcy and, consequently, the closure of […]
STJ to rule on important tax issues this week
The First Section of the Superior Court of Justice (“STJ”), the body responsible for unifying precedents among the two Panels that judge tax matters in that Court, is scheduled for next Wednesday, October 25, 2023. We emphasize the following judgments: Repetitive Appeals Topic No. 986 refers to the […]
CVM Circular Letter on Receivables Tokens
By Moema Giovanella The result of extensive debate by the Securitization Superintendence – SSE of the Securities and Exchange Commission – CVM with the market after the first publication on the subject, Circular Letter CVM/SSE 4/2023 (OC 4/23), together with Circular Letter CVM/SSE 6/2023 (OC 6/23), published on 07/05/2023, aims to publicize […]
Changes to the new Code of Best Corporate Governance Practices
By Fernanda Lazzarini* The 6th edition of the Brazilian Institute of Corporate Governance (IBGC) Code of Best Corporate Governance Practices aims to contribute to the sustainable development and transparency of organizations by encouraging the conscious and effective use of corporate governance instruments. The document includes five principles: […]
Limits on compensation for moral damages are parameters, not ceilings
By Rafael Mello and Israel Cruz The Brazilian Supreme Court (STF), in which the majority of ministers determined that labor compensation for moral damages may exceed the limit established in the Consolidation of Labor Laws (CLT). The prevailing interpretation was that the amounts determined by the legislation serve as a guide, and not […]
Launch of PAC Selections
By Moema Giovanella* On August 11, the federal government presented and published in the Official Gazette of the Union the third Growth Acceleration Program – PAC, established by Decree 11.632/23, aiming at economic growth in Brazil through the incentive of private investments and increased public investments in the infrastructure sector. The investments […]
'Resolve Já' program is approved by Alesp
Last Wednesday (27/09), the Legislative Assembly of the State of São Paulo (Alesp) approved Bill (PL) No. 1,246/2023, a regulation that aims to establish the program called “Resolve Já”, an initiative of SEFAZ-SP with the objective of bringing better conditions for the negotiation of ICMS debts between the São Paulo Tax Authority and the Taxpayer of […]