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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).
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...
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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 ...
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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...
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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...
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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...
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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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How to seek greater tax efficiency in the payroll?
Brazil is one of the countries that most taxes the payroll of companies. Adding direct and indirect charges that are paid by both the employer and the employee, the tax burden exceeds 80%. As a result, it is possible to say that the salary that a worker effectively earns is...
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Industry gets injunction before being assessed
The case was analyzed by the 7th TRF of the 1st Region. An industry in the chemical sector anticipated and took the discussion on goodwill amortization directly to the Courts, even before being assessed by the Federal Revenue Service. The case was analyzed by the 7th Class of the Federal Regional Court (TRF) of the 1st Regi...
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STJ judges suspension of 30% to offset losses of extinct companies
Rapporteur voted to allow full offset of tax loss carryforwards and negative basis of extinct companies. In an unprecedented judgment, the Superior Court of Justice (STJ) began to analyze this Thursday (10/17) a more specific application of the 30% lock for compensation of losses ...
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Tax credits in court-supervised reorganization, topic 987 of the STJ and PL 10,220/18
Undeniably, the possibility of filing a request for judicial recovery in Brazil, with the advent of the Law on Judicial and Extrajudicial Recovery and Bankruptcy - LREF. (Law 11.101/05), gave our society a new lease of life for the economic and financial rescue of companies that...
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