CVM GUIDANCE OPINION No. 40: CVM'S OPINION ON CRYPTOASSETS
By: Antonio Carlos Mazzucco and Luiz Gustavo Doles On October 11, 2022, the CVM issued CVM Guidance Opinion No. 40, clarifying the entity's opinion on how cryptoassets that fall under the concept of securities should be treated in Brazil given the growing supply of cryptoassets. The […]
ECONOMIC FREEDOM ACT AND BUSINESS ENVIRONMENT ACT: AN ANALYSIS OF THE LEGISLATION AND ITS PRACTICAL EFFECTS
By: Antonio Mazzucco, Luiz Gustavo Doles and Fernanda Lazzarini In a scenario of change in government, it is worth highlighting advances in Brazilian commercial legislation aimed at strengthening private initiative in opposition to economic statism. These advances resulted from the so-called Economic Freedom Law, as Law 13,378 came to be known, enacted […]
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 […]