Corporate arbitration – Regulatory foundations and cost analysis
Corporate arbitration, regulated by Law 9,307/1996, equates its awards to judicial ones (arts. 3 and 31) and, according to the STJ (REsp 1,733,685/SP), excludes state jurisdiction except for execution or annulment under the terms of art. 32. Its preference stems from three factors: (i) specialization of arbitrators (arts. 1314), ensuring technically adequate decisions; (ii) speed, as the procedural autonomy of art. 21 eliminates the appeal chain, reducing the average duration to 16 months, compared to more than five years in the Judiciary (FGV, Retrospective 2024); and (iii) confidentiality, ensured by art. 22C and art. 189 IV of the CPC/2015. Although initial costs are higher, a Migalhas/FGV study (2025) found overall savings of R$34,000,000 thanks to lower capital ties and a lack of resources. This advantage is reinforced by staggered mandatory mediation clauses (MedArb), as demonstrated in a R$110 million dispute resolved without the need for an arbitration tribunal. Landmark cases, such as the Petrobras Funds on the B3 CAM, illustrate its effectiveness in combining confidentiality, technical decisions, and reduced financial impact, consolidating arbitration as a natural forum for disputes in complex corporate structures.
CVM provides guidance on the distribution regime for FIAGRO's results
On April 3, 2025, the CVM published Joint Circular Letter CVM/SSE/SNC No. 1/2025, providing guidance on the distribution of income from Agribusiness Production Chain Investment Funds (FIAGRO). The document clarifies that these funds cannot distribute profits based on the cash basis, as per art. 10 of Law No. 8.668/1993. Distribution must follow the accrual basis, limited to actual accounting profit. Funds that still use the cash basis must adapt their regulations, particularly to ensure compliance with Normative Annex VI of CVM Resolution No. 175, in effect since March 2025.
Binding Thesis of the TST on the refund of employee commissions in cases of default or cancellation of purchase by the customer
In the context of employment relationships and their implications on commissions paid to employees, an important binding thesis was discussed by the Superior Labor Court (TST) in case RRAg 11110-03.2023.5.03.0027. This thesis deals with a crucial issue for employers and employees who work with sales and commissions: default or cancellation of the purchase by the customer does not authorize the employer to refund the commissions already paid to the employee.
Regarding the case of the aforementioned appeal, the TST approved the statement of one of the 21 binding theses brought forward, which, in turn, affects the interpretation of labor standards applicable to commissions.
PIX and commerce: legal challenges and mandatory changes
Provisional Measure No. 1,288/2025 regulates the use of Pix in commerce, prohibiting the charging of additional fees for payments in this method and equating it to cash payments, in accordance with Law 13,455/2017. Therefore, the price charged via Pix must be equal to or lower than the price charged in cash, ensuring greater consumer protection and transparency in commercial transactions.
Companies must adjust their pricing and billing systems to comply with the new rules, avoiding fines, lawsuits, and reputational damage. The provisional measure is effective immediately but still requires approval by the National Congress and may undergo changes during the legislative process.
This measure strengthens Pix as a tool for financial inclusion and business simplification, requiring merchants to adapt quickly to avoid penalties and maintain consumer trust. Our legal team is monitoring the discussions and is available to provide guidance on the impacts of this regulation.
CVM publishes guidelines on the limited liability of Real Estate Investment Fund (FII) unitholders
On March 18, 2025, the Brazilian Securities and Exchange Commission (CVM) published Circular Letter SSE 02/2025, which provides guidance on the responsibility of Real Estate Investment Fund (FII) shareholders in situations of negative net equity.
Just cause for gambling during working hours: legal analysis and consequences
The recent decision by the Regional Labor Court of the 2nd Region (TRT-2), which confirmed the dismissal for just cause of an employee caught gambling during working hours, is a strong reminder of the importance of ethics and responsibility in the workplace.
Analysis of the STF decision on outsourcing and recognition of employment relationships
Recently, Minister Cármen Lúcia, of the Federal Supreme Court (STF), overturned a decision by the 58th Labor Court of São Paulo that recognized the employment relationship between a driver and the company ETM Transporte e Logística Eireli.
The first instance decision had considered the service provision contract entered into between the company and the driver through a legal entity to be invalid, contradicting the understandings consolidated by the STF on the legality of outsourcing.
Recognition of employment relationship: STF suspends proceedings throughout the country
The Federal Supreme Court (STF) has ordered the suspension of all ongoing proceedings in the country that discuss the recognition of employment relationships in service provision contracts.
The decision was made in Extraordinary Appeal with Appeal No. 1,532,603, which discusses the legality of hiring self-employed workers or those hired through a legal entity, the jurisdiction of the Labor Court in these cases and the burden of proof regarding the allegation of fraud.
The measure aims to ensure uniformity of decisions and legal certainty, and remains valid until the final judgment on the matter.
The impacts of Tax Reform on the real estate sector
Our partner, André de Ataide, gave an interview to the Mídia Oficial portal to comment on the main impacts of the Tax Reform on the real estate sector, focusing on the new rules brought by Complementary Law No. 214/2025.
TST recognizes caregiver's default due to nine-minute delay in virtual hearing: the importance of punctuality in judicial proceedings
The Superior Labor Court (TST) upheld a decision recognizing the default of an elderly caregiver due to a nine-minute delay in entering a virtual evidentiary hearing, resulting in the application of a fictitious confession in favor of the opposing party. The decision reinforces that punctuality is essential in virtual hearings, as per article 844 of the Consolidation of Labor Laws (CLT), which provides for default in the event of the claimant's absence. Although case law has relaxed minimum delays in some cases, the TST strictly followed the law, emphasizing the importance of strict adherence to timetables. The recommendation for workers and lawyers is to arrive at hearings at least 15 minutes early to avoid setbacks and procedural losses.