The privatization of Eletrobrás and the increase in the price of electricity
By: Antonio Carlos Mazzucco The final text of the Provisional Measure for the privatization of Eletrobrás has been forwarded for presidential approval, after being processed in the National Congress. To be approved, the original text was amended with material unrelated to the original proposal, and the final version now includes "jabuticabas." Of note is the amendment authorizing the Government […]
Possible leak of personal data of Palmeiras directors causes a stir in the club's internal relations, morals and ethics related to the LGPD
By: Leonardo Neri On Thursday, the 17th, one of the opposition factions, the 'Academia' slate, challenged the statements made by the president of the Seraphim del Grande club's board of directors. These assertions, made incisively and forcefully, attribute responsibility to the presidential opposition for the leak of their personal data, including their phone number, CPF, password […]
Same-Sex Marriage and Homophobia in Brazil
By: Vitor Antony Ferrari and Ivan Kubala Despite the recent advances and achievements, the fact is that the right to equal marriage has not been introduced into Brazilian legislation, and, despite being widely and correctly practiced, it has been relying on the historical and correct understanding of the Judiciary. This means that the Civil Code that determines the […]
Congress extends by 60 days the validity of Provisional Measure 1,046, which establishes measures to combat Covid-19
By: Rafael Mello and Israel Cruz On June 16, 2021, Congress extended Provisional Measure 1046 of 2021 (“MP 1046/21”) for another 60 days. On April 28, 2021, MP 1046/2 was published, which provides “for labor measures to address the public health emergency of international importance resulting from the coronavirus (COVID-19).” […]
CVM launches public hearing on new BDR rules
By: André Jerusalmy On September 17, 2020, the Brazilian Securities and Exchange Commission (“CVM”) published public hearing No. 03/21 (“Public Hearing”), a new proposed rules for BDRs (“Brazilian Depositary Receipts”). These new rules aim to revoke CVM Instruction No. 332, of April 4, 2000, as well as […]
40 years of the National Environmental Policy
By: Leonardo Neri The National Environmental Policy (PNMA) aims to preserve, improve and restore environmental quality conducive to life, aiming to ensure, in the country, conditions for socioeconomic development, national security interests and the protection of the dignity of human life, in accordance with article 2 of Law 6938 of 1981, which provides […]
Justice carries out first search and seizure based on LGPD rules
By: Leonardo Neri Published last September, the new General Data Protection Law saw its first search and seizure warrant issued last week, on June 10th. The São Paulo Judiciary granted the warrant due to suspected misuse of customers' personal data […]
End of the casting vote: CARF authorizes PIS and COFINS credits on port expenses
The 3rd Panel of the Superior Chamber of the Administrative Council of Tax Appeals (“CARF”) allowed a taxpayer operating in foreign trade to credit PIS and COFINS on port expenses (judgment no. 9303-011.412). The vote of Councilor Vanessa Marini Cecconello prevailed, who, using the criteria of relevance and essentiality established by the Superior Court of Justice (“STJ”) […]
Congress extends by 60 days the validity of MP 1,045, which instituted a new emergency program to protect employment and income and complementary measures to combat Covid
By: Rafael Mello and Israel Cruz On April 28, 2021, Provisional Measure 1,045 of 2021 (“MP 1045/21”) was published, which provides “Institutes the New Emergency Program for the Maintenance of Employment and Income and provides for complementary measures to address the consequences of the public health emergency of international importance resulting from the coronavirus (covid-19) in […]
Municipal Autonomy and Urban Development
By: Leonardo Neri Article 18[1] of the Federal Constitution establishes that the political-administrative organization of the Republic comprises the Union, States, Municipalities, and the Federal District, all of which are autonomous, with no hierarchy among the federative entities. In other words, they all have clear and distinct rules of jurisdiction, established by the Constitution. In this sense, the Constitutional jurisprudence of […]