Bill No. 2,963/19 – Acquisition of rural properties by foreigners
By: Vitor Antony Ferrari and Ivan Kubala Bill 2963/2019 is currently being processed in the National Congress, which regulates the acquisition, possession and registration of rural property by foreign individuals or legal entities. If approved, the proposal would eliminate the need for authorization or license for the acquisition of rural properties by foreigners, i.e. […]
Changes in the Courts' Position in light of the Changes introduced by Law No. 14,112/20
By: Vitor Antony Ferrari and Ivan Kubala The changes to Law No. 11,101/05 promoted by Law No. 14,112/20, which came into force at the beginning of this year, are already stirring up the Judiciary, which has not been slow to promote the first changes in the positions established by the Collegiate Bodies, whether through case law or through […]
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 […]
Presidential Vetoes rejected by the National Congress are promulgated by the President of the Republic and correctly published on 03/30/2021
By: Vitor Antony Ferrari and Ivan Kubala The National Congress in Session on March 17, 2021 rejected 12 of the 14 presidential vetoes in the text of Law 14,112/2020, which amended the provisions of the Bankruptcy and Judicial Reorganization Law. On February 26, 2021, we commented that Congress would analyze such vetoes, and that their failure to analyze them would result in the suspension […]
Intertemporal application of changes to the Judicial Recovery Law.
By: Vitor Antony Ferrari and Ivan Kubala The new wording of the Judicial Recovery Law (Law No. 11,101/2005), amended by Law No. 14,112/2020, came into force two months ago and has already generated several discussions, one of which is about its application to the processes that were in force at the time of the beginning of its […]
The sale of assets in the new text of the Judicial Recovery and Bankruptcy Law
By: Vitor Antony Ferrari and Ivan Kubala The sale of assets has proven to be an advantageous tool for obtaining resources and restructuring companies undergoing judicial recovery, as we have already highlighted in an article published on the topic “The advantages of selling assets through Isolated Production Units as a means of Judicial Recovery”[1]. In this […]
Presidential Vetoes on the amendment of the Judicial Recovery Law must be discussed in Congress by 03/04/2021.
By: Vitor Antony Ferrari and Ivan Kubala The text of Law No. 14,112/2020 was published in the Official Gazette of the Union on December 24, after being sanctioned by President Jair Bolsonaro with partial vetoes, and has been in force since the end of January this year with regard to the sanctioned text. The presidential vetoes addressed the […]
Judicial Recovery Plan by Creditors
By: Vitor Antony Ferrari and Ivan Kubala As is well known, the text of Law No. 14,112/2020 is in force, with the exception of the vetoes by President Jair Bolsonaro, which will be submitted for further deliberation by the National Congress. However, in general, the aforementioned rule, despite being recent and not having been put into practice in a […]
Amendments to the Bankruptcy, Judicial and Extrajudicial Recoveries Law come into force
01/21/2021 By Vitor Antony Ferrari and Ivan Kubala The text of Law No. 14,112/2020 was published in the Official Gazette of the Union on December 24, after being sanctioned by President Jair Bolsonaro with six partial vetoes, and the approved text comes into effect 30 days after its publication. Law 14,112 […]
Judicial Recovery of Rural Producers: Bill 4,458 approved by the Senate could generate controversy
08/12/2020 By Vitor Anotny Ferrari and Ivan Kubala Due to the COVID-19 pandemic and its impacts on the national economy, the processing of Bill (PL) 6229/05, which changes several rules of Law No. 11,101/05, which regulates Judicial and Extrajudicial Recovery and Bankruptcy, became urgent, which is why it was approved on […]