Jurisprudential Guidance OJ 394 of the TST and the Labor Reform
By: Rafael Mello and Israel Cruz The Superior Labor Court (TST) has revised the jurisprudential guideline 394 (OJ 394) that has been in force for at least 13 years. According to the decision and revision of OJ 394 of the TST, the remuneration of the weekly rest, including overtime, must have repercussions on vacations, thirteenth salary, advance notice […]
ESG and its impact on companies: a brief presentation.
By: Antonio Mazzuco, Luiz Gustavo Doles and Fernanda Lazzarini The themes of the environment, social well-being and transparency in companies have been widely explored in the corporate world in recent years. These are certainly not issues to be treated as recent concerns, having been recorded since 1960 with the creation of funds aimed at […]
CPF – Document accepted for identification throughout Brazil, did you know that?
By: Vitor Ferrari and Ivan Kubala On January 11, 2023, Law 14,534/2023 was published in the Official Gazette of the Union, whose legal text, in addition to amending other legal provisions, established the registration number in the Individual Taxpayer Registry, the CPF, as “unique and sufficient for identifying the citizen in public service databases”. In addition, […]
STJ: ITBI is levied on the incorporation of real estate by real estate investment funds
The 1st Panel of the Superior Court of Justice, in its judgment on Special Appeal No. 1,492,971/SP, unanimously ruled that ITBI is levied on real estate acquisition transactions by Real Estate Investment Funds (FIIs). In the case in question, the funds acquired properties through management institutions. In exchange, they offered “shares” of the fund to […]
STF will resume trial on isolated fine of 50% applied in non-approved compensations.
The Supreme Federal Court will resume the trial of the constitutionality of the isolated fine of 50% on non-approved compensations, between 03/10/2023 and 03/17/2023. Currently, the matter is being discussed both within the scope of Extraordinary Appeal (RE) No. 796,939 (Theme 736 of General Repercussion) and in the Direct Action of Unconstitutionality (ADI 4905), which deal with the […]
Provisional Measure published reestablishing the collection of PIS and COFINS on fuel transactions.
On March 1, 2023, Provisional Measure No. 1,163/2023 (“MP 1,163/23”) was published, again changing fuel taxation. In practice, although the aforementioned MP mentions a reduction in taxation, the result is the reestablishment of partial taxation on certain fuels, in addition to the establishment of a rate of 9.2% on […]
Abuse of power by minority shareholder.
By: Antonio Mazzuco and Luiz Gustavo Doles There is much debate about the role of minority shareholders in public limited companies. They represent a significant figure in the capital structure of many companies and must be protected given their vulnerability to majority shareholders. However, little is said about the abuses […]
Oi files for bankruptcy protection again.
By: Vitor Ferrari and Ivan Kubala It's common knowledge that Oi S/A, or simply "Oi," is facing a serious financial crisis due to its debts spiraling out of control and the difficulty in generating enough cash to pay them off. Given this situation, and in an attempt to curb enforcement proceedings, seizures, and account freezes, […]
Possibility of Judicial Recovery for Rural Producers.
By: Vitor Ferrari and Ivan Kubala With the changes introduced by Law 14.112/20, which amended and inserted provisions into Law 11.101/05, judicial recovery for rural producers, provided they are business owners, has become possible. This measure is of paramount importance for the national economy, as the agricultural sector accounts for a significant share of the Gross Domestic Product […]
CVM Resolution No. 160
By: Antonio Mazzuco and Luiz Gustavo Doles The beginning of 2023 brought several new dynamics to the Brazilian capital market, especially when we talk about securities issuances, since CVM Resolution No. 160, of July 13, 2022, came into force on January 2, 2023, bringing innovations in the issuance […]