STJ annuls execution of confession of debt in factoring contract: understand the implications and the importance of contractual transparency
In a recent decision (REsp 2.106.765- CE ), the Superior Court of Justice (STJ) annulled the execution of a debt confession instrument linked to a commercial development contract (factoring). Factoring, also known as faturization or fomento mercantil, can be described, in a simplified way, as a commercial transaction through which a certain company (faturizadora) acquires […]
New ANPD resolution sets out rules for DPO work
In July 2024, the National Data Protection Authority (ANPD) approved Resolution CD/ANPD No. 18, a significant milestone in the regulation of data protection in Brazil. This crucial regulation came to detail the role of the Data Protection Officer (DPO), complementing the General Data Protection Law (LGPD). The main points include: Appointment of the DPO The […]
DIRBI: everything you need to know about the new tax returnDIRBI: tudo o que você precisa saber sobre a nova declaração tributária
As of July 2024, companies will have to submit a monthly declaration of Tax Incentives, Waivers, Benefits and Immunities (DIRBI). This declaration must be made by the company’s head office and aims to inform the amounts of tax credit relating to federal taxes and contributions that the organization failed to pay due to the granting […]
STJ denies restitution to borrower after failed property auctions
Recently, the 3rd Panel of the Superior Court of Justice (STJ) upheld the decision of the 32nd Chamber of Private Law of the São Paulo State Court of Justice, which did not refund the amounts to the borrower after the loan defaulted, as provided for in Law No. 9.514/97 – the “Fiduciary Alienation Law”. This […]
Judicial debts and sentences gain new parameters for monetary correction and interest rates
Law No. 14.905/24, passed on July 1, 2024, amended the Civil Code to standardize the rules on monetary correction and interest rates in civil, judicial or extrajudicial obligations. Most of these changes will come into force within 60 days of the publication of the new law. In short, the main changes are: These changes resolve […]
PIS/COFINS: CARF approves precedent allowing crediting of “inputs of the input”
The Superior Chamber of the Administrative Council for Tax Appeals (CARF) recently unanimously approved a ruling in favor of taxpayers on the possibility of crediting PIS/COFINS on input expenses in the agricultural phase prior to industrialization. The approved precedent recognizes that “spending on inputs in the agricultural phase, known as ‘input inputs’, allows the right […]
Fomos reconhecidos pela Chambers and Partners
We are delighted to announce that we have been recognized in the world’s leading legal directory, Chambers and Partners, in the General Business Law: Campinas & Region category. This achievement represents an important milestone in our history and confirms our commitment to excellence in legal services. The General Business Law category covers all areas of […]
STJ holds that breach of the arbitrator’s duty to disclose only annuls arbitral award if impartiality is prejudiced
Recently, the 3rd Panel of the STJ decided, by 3 votes to 2, that a breach of the arbitrator’s duty to disclose only annuls an arbitration award if this breach affects the arbitrator’s impartiality. In the case on trial, a medical services company and a doctor, convicted in arbitration proceedings, filed an action to annul […]
Emergency measures to maintain jobs in Rio Grande do Sul after climate disaster
The Rio Grande do Sul Labor Prosecutor’s Office has issued a recommendation to companies on alternative measures to deal with the public calamity in the state, suggesting the adoption of actions that prioritize the maintenance of employees’ income and wages. Among the measures to be adopted by the companies, the Public Prosecutor’s Office recommended the […]
Federal government to certify companies that promote the mental health and well-being of their workers
The balance between personal and professional life is a central element for the sustainability and effectiveness of organizations. With the introduction of Law 14.831/2024, the Federal Government formally recognized the importance of this in the workplace by establishing the Mental Health Promoting Company Certificate. This legal framework encourages and values companies that implement practices aimed […]
