January 13, 2020

STJ decision allows judicial recovery to suspend auction to pay debt with the Union

A decision by the Superior Court of Justice (STJ) may allow the suspension of tax foreclosures against companies undergoing judicial reorganization. This is because the Special Court decided, in a case involving Oi, that it is up to the 2nd Section of the court to judge conflict between the execution judgment and that of the ...

December 16, 2019

Beer style name registration does not guarantee exclusivity

The registration of the designation of a beer style at the National Institute of Industrial Property (Inpi), even as a brand, should not prevent competitors from mentioning it on the labels of their products. After all, it is an expression in common use, which cannot be exclusively appropriated. AND...

December 11, 2019

uncensored beer

The beer bullshit that the column told in September gained a new chapter with the decision of the 6th Civil Chamber of the State Court of Justice to revoke an injunction that prevented the Abbess from producing – and identifying on the label – helles beer throughout Brazil. The ban has been in effect since June, p...

November 21, 2019

STJ indicates change in understanding on tax certificate

Ministers of the 3rd Panel indicated that they would require the document if the case under analysis dealt with recovery after Law No. 13,043/2014. The Superior Court of Justice (STJ) may change the understanding that exempts companies undergoing judicial recovery from presenting a Clearance Certificate of Debt...

November 20, 2019

MP 905 amends CLT and reduces the power of the Public Ministry of Labor

Provisional Measure (MP) No. 905, which created the green-yellow employment contract and is called the new labor reform, limited the work of the Public Labor Ministry (MPT). The million-dollar fines established for non-compliance with the Conduct Adjustment Terms (TACs) signed...

November 13, 2019

Debtor cannot be excluded from the regularization program because of formalities

It violates the principles of reasonableness and proportionality to exclude from the Rural Tax Regularization Program a producer who, although he has applied for membership and fulfilled the payment of all installments, fails to comply with a mere formal procedure. On this basis, the 1st Federal Court ...

November 11, 2019

Content removal in Brazil is concentrated in the Judiciary

The Marco Civil da Internet (Law 12.965/2014) exempts providers from liability for offensive and extremist publications made by third parties on social networks or online platforms, so it is up to the Judiciary to analyze this type of content. During the event “Liberty and Res...

November 5, 2019

STJ allows inclusion of individual rural producer debts in judicial recovery

Even debts incurred before the producers were registered with the Board of Trade can be included in the process. The Superior Court of Justice (STJ) defined, this Tuesday, that the debts constituted by rural producer as an individual - before their registration with the Board of Trade...

October 24, 2019

The activity of the self-employed professional within the employment relationship

In times of economic crisis, many companies, fearing large losses, choose to request that their employees become a legal entity. Despite the circumvention of labor rights, it is necessary to consider that the burden of keeping an employee in compliance with labor law...

October 23, 2019

Startups, ''Industry 4.0'' and the importance of intellectual property rights

The overwhelming advance of technology is shaking the old pillars of society's productive system, which makes innovation the only possible way to enter this brave new world. We are already experiencing the era of technological consumption, the era of the so-called ''industry revolution...

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