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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).
Credit after recovery request must go to the general framework of creditors, says STJ
The credit arising from a labor conviction imposed after the company's request for judicial reorganization must be registered in the general list of creditors of the company. The understanding is from the 3rd Panel of the Superior Court of Justice. The judgment is dated 5/16. In the action, the understanding of the relationship prevailed...
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INPI wins dispute over drug patents at TRF-2
The National Institute of Industrial Property (INPI) obtained in court another important precedent in the dispute over patents of medicines and agrochemicals requested through a waiting system known as "mailbox". After a favorable decision in the Superior Court of Justice (S...
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Labor compliance: more than a prevention
The volume of labor claims filed in 2018, across Brazil, dropped 34% compared to 2017, as a direct consequence of the Labor Reform (Law 13,467/2017). Between January and December 2018, the lower courts received 1.7 million labor claims, against 2.6 million...
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Law that makes quorum more flexible in limited liability companies can bring legal uncertainty
On January 4, 2019, Law 13,792/2019 was published in the Federal Official Gazette, which amended provisions of the Civil Code regarding limited liability companies. Among the changes, the legislator (i) reduced the quorum necessary for dismissal of a partner appointed as administrator in the ...
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Justice releases guidelines for companies in economic crisis
The Federal Justice Council (CJF) published 11 statements with guidance from magistrates, jurists, lawyers and prosecutors on the application of rules of the Bankruptcy and Business Recovery Law. Since last year, a bill for the Executive Branch (PL no 10...
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Spontaneous denunciation removes application of late payment fine, decides Carf
Late payment fines can be waived when there is a spontaneous report before the inspection begins. This is how the 1st Ordinary Panel of the 3rd Chamber of the 3rd Judgment Section of the Administrative Council of Tax Appeals established, following the understanding of the Superior Court of Justice. The accord...
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TJ installs the first Regional Business Court in RS in Novo Hamburgo
The Court of Justice of Rio Grande do Sul installed this Monday (7/1) the first Regional Business Court in the State, in Novo Hamburgo. The District also received, in the same act, the 4th Civil Court Specialized in Public Treasury. The installation of the units was attended by the Pre...
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Santa Catarina: sem ICMS para software
Santa Catarina decidiu tomar a contramão da maioria dos estados brasileiros, ao garantir que não vai cobrar ICMS de software desenvolvido sob medida ou oferecido na nuvem como serviço. Um projeto de lei de autoria do governo estadual nesse sentido foi aprovado no final de maio. Com a medida, as e...
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Santos bankruptcy should have record recovery
Depois de 14 anos, a ruidosa falência do Banco Santos está próxima de ser concluída. O administrador judicial da massa falida, Vânio Pickler Aguiar, prepara o leilão da carteira de crédito e dos demais ativos. Com isso, não haverá mais bens ou direitos a administrar ou a liquidar. A transaÃ...
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Practical and legal notes for those who want to live in Portugal
In recent years, the interest of several Brazilian citizens in living and investing in Portugal has grown significantly. Whether for cultural and linguistic proximity, or for economic and professional reasons, the fact is that Portugal has become the destination of many Brazilian families...
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