Litigation 5e695m
Electronic document g during covid-19 4j6h12
The universalization of work from home policies, encouraged by recent measures to fight covid-19, has increased the need to sign documents electronically. But where does the Brazilian legislation stand on the legal validity of these signatures?
Changes in Expression of Interest Procedure (PMI) 3g401h
Recent changes in the Expression of Interest Procedure (PMI) should encourage private agents to cooperate with the Federal Public istration in modeling partnerships and bidding procedures. The new rules were established by Decree No. 10,104/19 in November of last year.
Legal certainty and the conflict between judgments 5s3e3x
The principle of legal certainty is one of the underpinnings of the rule of law. It could not be otherwise, as it is because of it that society can trust that the rules of the game will not be changed during the course of its activities and the legal transactions entered into.
New decree regulates the use of arbitration to resolve conflicts with the federal government in various infrastructure sectors 6wa36
With the consolidation of the use of arbitration by the Federal Government as an alternative, and often preferable, means for the Judiciary to settle disputes, several normative acts have been issued over the last years to recognize and regulate the use of this mechanism to settle conflicts relating to alienable property rights.
New judgment by STJ may end controversy over suppression of guarantees in judicial reorganization 276sz
The Third of the Superior Court of Justice (STJ) assigned the judgment of Special Appeal No. 1.797.924/MT to the Second Chamber of the court on October 10. The discussion revolves around the continuation of lawsuits and executions filed against tly and severally liable debtors, when cancellation of the creditors' guarantees is provided for in the judicial reorganization plan.
Advance in the case law regarding eviction for non-payment in unsecured leases 72e3u
When property owners decide to file an eviction action against tenants, all means of repossessing the property have generally been exhausted. This indicates the urgency that lessors have in obtaining a preliminary court order that the property be returned.
Why is the judicial reorganization of airlines so difficult in Brazil? 16731u
With the extinction of so many airlines in Brazil over the last 20 years, it is essential to conduct an analysis of the factors that led these companies to fail, one after the other, unable to reorganize financially in order to continue operating in the market.
The control of legality of judicial reorganization plans 31381d
One of the biggest controversies under the Company Judicial Reorganization Act (LRE) is the limit on the Judiciary's role in controlling the legality of the judicial reorganization plan. Recently, this discussion has gained another chapter. In deciding Special Appeal No. 1.630.932/SP, filed by a São Paulo company in judicial reorganization, the Superior Court of Justice (STJ) ruled that the Referential Rate (TR) is valid as a criterion for correction of bankruptcy claims, if so approved by the creditors.
The conversion into law of the Economic Freedom Executive Order and the new rules for piercing the corporate veil 3a79
Signed by the President of the Republic on September 20, Executive Order No. 881/19, the Economic Freedom Executive Order, was converted into Law No. 13,874/19, instituting the Declaration of Rights of Economic Freedom, which establishes rules for the protection of free initiative and the free exercise of economic activity.
Law 13,867/19 authorizes arbitration or mediation in disputes over compensation arising from acts of expropriation 5q4y47
Law No. 9,307/96 (the Arbitration Law), which regulates arbitration in Brazil, has provided in its article 1, paragraph 1, since the changes introduced by Law No. 13,129/15, that the "direct and indirect public istration may use arbitration to settle disputes concerning alienable property rights."[1] It was already possible, therefore, to submit for arbitration disputes between private and public entities over compensation amounts due to an act of expropriation (which clearly concern alienable property rights).
Recall: new rules for campaigns in Brazil 3t413w
Two ordinances amended the rules governing recall campaigns in Brazil earlier this half of the year. The standards modernize the regulations of the procedure imposed by the Consumer Protection Code (article 10, paragraphs 1 and 2) whenever the supplier becomes aware of the possibility of having introduced into the Brazilian market a product or service that poses a risk to the health or safety of the consumer.
CVM and STJ clarify civil liability of hotel operators in collective investment agreements 6a561a
The Brazilian Securities and Exchange Commission (CVM) and the Superior Court of Justice (STJ), in two decisions in the first half of the year, made it clear that hotel operators may only be held liable for irregularities or damages in the offering of condo hotels if they participated actively in the efforts to sell the ideal fractions to buyers.
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