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CPDMA BLOG

Follow our selection of news related to legal and economic matters, as well as exclusive texts produced by the Cesar Peres Dulac Müller team. (Please note: blog entries are automatically translated via Google Translate API).
The different forms of reorganization of business groups
The life cycle of organizations has been discussed for some time, and this cycle has been compared with living organisms that grow and die. Ichak Kalderon Adizes, a business consultant and student of organizational behavior, defined the stages of this life cycle in the following order: ...
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The legal validity of blockchain as a mechanism for reputable certification of documents
Without a doubt, the internet has revolutionized the way in which the national legal system responds to the technologies and tools available for the optimization of judicial processes and conflict resolution. A great example is the impact of blockchain technology – known...
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The new Abuse of Authority Act also threatens creditors
The year 2020 started with a potential setback. Since January 3, the new Abuse of Authority Law (Law 13,869/19) has come into force, which directly threatens the tool that allows the blocking of values in debtors' accounts through the Judiciary. From now on, block...
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Justice closes franchise stores for violation of non-compete clause
Such convictions will be even more frequent with the entry into force of the new Franchise Law, according to lawyers. Former franchisees have been convicted in court or in arbitration for violating non-compete clauses established in the contracts. Some decisions benefit networks such as ...
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ICMS for the industry of Santa Catarina will be 12% from Sunday
As of this Sunday (1st), the measure that reduces the rate of the Tax on the Circulation of Goods and Services (ICMS) from 17% to 12% takes effect. The approval went along with the aftermath project, which reevaluated tax incentives. This reduction was an old agenda of the Federation of...
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Rural activity prior to registration can be contemplated in judicial recovery
The judgment of the special appeal was published this Monday (10/2) in which the 4th Panel of the Superior Court of Justice defined that debts incurred by a rural producer before his registration with the Board of Trade can be included in the judicial recovery. The law that governs the...
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Cases in Carf can generate loss of R$ 440 million for CVC
Administrative court discusses the tourism agency's business model and leaves the sector in the spotlight. Last week, the tourism market observed the defeat of the company CVC in the Administrative Council of Tax Appeals (Carf) in a case of R$ 127.6 million, to be added to a fine and interest. THE ...
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Uncertainty about contumacious can harm partners after STF decision on ICMS
According to a December STF decision, non-payment of ICMS on a regular basis may constitute a crime. One of the most important – and worrying, in the opinion of tax experts – precedents signed in 2019 by the Federal Supreme Court (STF) may have consequences in 2020. Lawyers await the ...
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STJ prevents constriction of assets of rural producer who asks for judicial recovery
Considering the danger of delay, the president of the Superior Court of Justice, Minister João Otávio de Noronha, granted an injunction to suspend any constrictive and expropriation acts of assets of a rural producer seeking to apply the rules of the Judicial Recovery and Bankruptcy Law. .
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Stay period can be extended to preserve recovery plan
The suspension of actions against the company undergoing judicial reorganization (stay period) may exceed the period of 180 days if the judge considers that this extension is necessary in order not to frustrate the reorganization plan. The understanding was applied by the president of the Superior Court of J...
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