Legal alerts

Right after the Executive Order 936/20 (“EO936”) was enacted on April 1st, the Rede Sustentabilidade Party filed a lawsuit (“ADI”) before the Supreme Court with an injunction relief to recognize the need of union involvement to implement an individual agreement to either reduce the working hours/salaries or to suspend the employment agreements. The ADI was […]

On Wednesday (04/15/2020), the House of Representatives in a remote session approved Executive Order 905/19 to create the so-called Green and Yellow Labor Agreement, which will be now reviewed by the Federal Senate.  If the Senators do not approve Executive Order 905/19 by April 20 it will lose its legal validity.  The text approved by […]

Yesterday, April 15, 2020, was published the Normative Ruling of the National Department of Business Registration and Integration – DREI No. 79 (“NR 79”), that provides the rules for attendance and remote voting in meetings or assemblies of privately-held corporations, limited liability companies and cooperatives (“Companies”). The normative ruling is in line with other regulatory […]

On Tuesday (04/14/2020), the majority of the Brazilian Supreme Court (STF) recognized the constitutionality of Law 11.442/07, which regulates the hiring of independent carriers by cargo owners and transport companies. Thus, these companies are authorized to outsource their core activity without having to create an employment relationship. In Declaratory Action for Constitutionality (ADC) No. 48, the Confederação Nacional do Transporte (CNT) […]

In view of the continued disruption caused by the COVID-19 outbreak, the Brazilian Patent and Trademark Office (BPTO) has just published an update regarding deadline extension in the Electronic Official Bulletin No. 2571, of April 14, 2020.  The temporary suspension of all deadlines (originally covering the time period from March 16, 2020 to April 14, […]

After lengthy discussions in Congress, the casting vote in CARF was extinguished today, April 14, 2020, with the publication of Law No. 13.988/20, which, among other measures, added article 19-E to Law No. 10,522/02 to establish that, in cases of tied trials, the dispute must be resolved in a favorable way to taxpayers. Until then, […]

On April 8, Law No. 13,986 was published in the Official Gazette and results from the conversion of the Agribusiness Provisional Measure (MP No. 897/19). Law No. 13,986, among its other provisions, amends Laws No. 5,709/71 and 6,634/79 to allow the attachment of in rem guarantees to rural lands in favor of foreigners, including those […]

The Environmental Protection Agency of the State of São Paulo (CETESB), through its Board Decision No. 035/2020/P, published today (April 08, 2020) on the Official Gazette, has suspended the need of compliance with take-back schemes quantitative targets for 2020 (previously regulated by Board Decision No. 114/2019/P/C), for as long as the COVID-19 state of emergency […]

On March 31, 2020, the Brazilian IRS published the Private Ruling 41/2020, which provides for the tax treatment of distributions made by trusts to Brazilian beneficiaries. The Ruling is relevant in case of succession in Brazil, as it analyzes the taxation of said distributions. Also, it is binding to the Brazilian tax authorities. In summary, […]