CVM RESOLUTION 175: NEW REGULATION FOR INVESTMENT FUNDS
By: Antonio Mazzucco and Luiz Gustavo Doles The Brazilian Securities and Exchange Commission (CVM) ended 2022 with the issuance of CVM Resolution No. 175 on December 23, establishing a new regulatory framework for investment funds in Brazil. The Resolution brings several changes compared to previous regulations, in addition to […]
Importance of Stay Period in judicial recovery
By: Vitor Ferrari and Ivan Kubala. According to the Bankruptcy and Reorganization Law, among other requirements, only debts existing up to the date of the bankruptcy filing are subject to judicial reorganization, even if they are not yet due. In other words, only debts already established will be affected by the judicial reorganization. However, it is […]
LAW 14,478 – REGULATION OF SERVICE PROVIDERS INVOLVING VIRTUAL ASSETS
By: Antonio Mazzucco and Luiz Gustavo Doles LAW 14,478 – REGULATION OF SERVICE PROVIDERS INVOLVING VIRTUAL ASSETS It is necessary to clarify some facts before we analyze how this law affects the Brazilian cryptoasset market: That said, it is important to analyze the main points of the new legislation so that the market can prepare for the […]
Increase in decisions matures possible case law for data protection in the country.
By: Leonardo Neri As is well known, the General Data Protection Law ("LGPD") was introduced in 2018 to protect fundamental rights to freedom and privacy, safeguarding the personal integrity of each individual. However, considering it is a very recent and new topic in society, […]
REGULATION IN THE BRAZILIAN CRYPTO MARKET – A CASE STUDY OF THE FTX COLLAPSE
By: Antonio Mazzucco and Luiz Doles The Brazilian crypto market has undergone several changes over the years, including some attempts to regulate the use of crypto assets. FTX was one of the largest crypto exchanges in the world, reaching a valuation of over USD 30 billion a few years ago, which was not […]
Difal: Rosa Weber asks for prominence and trial will be restarted
Justice Rosa Weber, President of the Supreme Federal Court, requested a hearing in the judgment of Direct Actions of Unconstitutionality No. 7,066, 7,070, and 7,078, which discuss whether the principle of annual prior notice should be applied to the changes promoted by Complementary Law No. 190/2022. Thus, the judgment, which had a favorable score of 5 to 3 […]
Need for supervision in Judicial Recovery
By: Vitor Ferrari and Ivan Kubala According to a unanimous understanding of the 1st Business Law Chamber of the São Paulo Court of Justice, both the supervision and oversight of a judicial reorganization cannot be disregarded in order to terminate it. In this specific case, the judging panel overruled the decision to terminate […]
Expansion of consumer credit – possible legal impacts for 2023
By: Leonardo Neri Initially, as we know, President Luiz Inácio Lula da Silva (“Lula”) was president of Brazil from 2003 to 2010, a period in which he brought new changes and implementations to his government. In view of this, this article will exclusively address the changes related to the expansion of consumer credit, focusing on […]
Special business districts created in the interior of São Paulo.
By: Vitor Ferrari and Ivan Kubala The Honorable Court of Justice of the State of São Paulo has officially created business and arbitration courts in large cities in the interior of the state, such as Sorocaba, São José do Rio Preto, Campinas and Ribeirão Preto. According to the Court of Justice itself, these courts will have jurisdiction to […]
Senate opens public consultation on tax incentive projects related to LGPD
By: Leonardo Neri Recently, Senator Izalci Lucas (PSDB/DF), with the support of the National Association of Data Privacy Professionals (“ANPPD”), proposed Bill No. 4 of 2022 (“PL 4/22”), which brought the opportunity to discuss the possibility of tax incentives for companies that invest and adhere to the adjustments […]