Increase in labor complaints due to Covid-19
By Rafael Mello and Fabiana Aparecida da Silva Due to the COVID-19 pandemic, health reasons and the resulting state of public calamity, the daily lives of employees and employers have changed completely. With social distancing, many companies have had to reorganize themselves not only financially, but also structurally. Companies have instituted […]
Bankruptcy Law Approved
By Antonio Mazzucco, Vitor Antony Ferrari and Ivan Kubala 1 – In a plenary session, the Brazilian Federal Senate approved Bill No. 4,458, which significantly modifies Brazilian bankruptcy legislation. The aforementioned bill in the Senate derives from Bill No. 6,229 of 2005, which was approved in the Chamber of Deputies […]
CONTRACTUAL CONSIDERATIONS IN THE SECOND WAVE OF COVID-19
By Antonio Mazzucco, Rafael Mello and Leonardo Neri On November 17, 2020, the government of São Paulo published a decree in the Official Gazette extending the quarantine in the state until December 16. The measure was taken by the state government after an increase in the number of hospitalizations was observed […]
Labor Department establishes the effects of suspension of employment contracts and reduction of working hours and salary on 13th salary and vacations
By Rafael Mello and Leticia Claudia Neves On 10/17/2020, the Undersecretariat of Public Labor Policies, an integral part of the Ministry of Economy, published Technical Note SEI No. 51520/2020/ME, which analyzed the effects of agreements to suspend employment contracts and proportionally reduce working hours and wages on the calculation of […]
LGPD – The implementation phases of a privacy program
By Leonardo Neri As we have already highlighted, the job of the Data Protection Officer (DPO) is to ensure that the processing agent is in compliance with the General Data Protection Law (LGPD). Therefore, it is necessary to know where to start and what to do to achieve this goal. In order to comply with the standards and […]
STF forms majority of votes to remove the ICMS requirement in transactions involving licensing or assignment of the right to use computer programs
In a session held last Wednesday, the 4th, the STF Plenary formed a majority to eliminate the ICMS charge on transactions involving licensing or assignment of the right to use computer programs, in the joint judgment of ADIs 1945 and 5659. So far, five Ministers have already expressed their support for Min. Dias' vote […]
“DPO as Service” as a Profitable Measure for Companies in Relation to LGPD
By Leonardo Neri The General Data Protection Law (LGPD) came into force on September 18, 2020, and brought within its sixty-five articles the obligation for controlling companies to appoint a Data Protection Officer, or DPO – Data Protection Officer, the English term for the […]
STF will judge the constitutionality of the DIFAL requirement on sales to non-taxpayers
O Supremo Tribunal Federal (“STF”) deve iniciar, no dia 04/11/2020, o julgamento da Ação Direta de Inconstitucionalidade (“ADI”) nº 5469, por meio da qual discute-se a validade da exigência do diferencial de alíquotas (“Difal”) do ICMS nas vendas interestaduais a consumidor final não contribuinte, nos termos estabelecidos pela Emenda Constitucional nº 87/2015. Vale lembrar que, […]
CONSIF and CNSeg question changes to ISS before the STF
Conforme anteriormente divulgado em nosso blog, foi recentemente promulgada a Lei Complementar 175/2020, por meio da qual busca-se alterar a competência para a cobrança do ISS sobre atividades de (i) planos de saúde e médico-veterinários; (ii) administração de fundos, consórcios, cartões de crédito e débito, carteiras de clientes e cheques pré-datados; e (iii) arrendamento mercantil […]
Diversity in Family and Succession Law
By Vitor Antony Ferrari and Ivan Kubala Over the years, diversity has been gaining more and more space in the guardianships related to Family and Succession Law, an institute that still preserves, unjustifiably, a good dose of conservatism (it is said to be discrimination). As we know, for a long time the family was identified only as the union between […]