June 5, 2019

It is not enough just to register a trademark, it is necessary to use it

In January of this year, a fight between the North American giant McDonald's and the Irish restaurant chain Supermac's drew attention over the famous “BIG MAC” brand in Europe. It all started in 2015, with an attempt to expand the Irish network across the United Kingdom and the European Union. The net...

May 29, 2019

Carmen Lúcia overturns TRT4 ruling that allowed mandatory union discount

The Minister reaffirmed the understanding of the STF, which established that the contribution must be voluntary. Minister Cármen Lúcia, of the Federal Supreme Court (STF), determined the suspension of a ruling by the Regional Labor Court of the 4th Region (TRT4) that determined the discount of the contribution to the...

May 28, 2019

Heiress obtains the right to remain in the administration of a family business

The Justice of São Paulo authorized the daughter of a businessman, who died in 2017, to remain as administrator of the family company, in which she holds 1% of participation - the rest belongs to her father's estate. The decision is from the 1st Business Court and Arbitration Conflicts of the capital. The daughter ...

May 27, 2019

Justice prevents executive from working for competition

Senior executives have been convicted of violating non-compete contractual clauses. Labor judges, in general, set fines, often millions, to employees who fail to comply with what has been agreed. In a rare decision, however, Justice went further, preventing an admi...

May 24, 2019

Taxation in judicial recovery and the "30% lock" on tax loss

The Supreme Court will discuss the validity of the lock in a crucial decision for the survival of the companies under reorganization in the current crisis It is no news that Brazil is going through one of the most serious economic crises in its history. There are countless companies, in all corners of the country, of all sizes and branches of activity.

May 20, 2019

PEC 45, IBS and myths about the offense to the federative pact

Deconstructing criticisms of the Brazilian tax reform PEC. Introduction to the tax reform on consumption: PEC 45/2019 and the IBS Taxes levied on consumption (ISS, ICMS, IPI and PIS/COFINS) concentrate most of the problems of our tax system. From this day...

May 15, 2019

Carf: concept of square, in the IPI legislation, it does not encompass only the municipality

In an unprecedented decision, the Higher Chamber considered that, according to the RIPI, a square can encompass more than one municipality. The 3th Class of the Superior Chamber of the Administrative Council of Tax Appeals (Carf) defined, this Tuesday (14/05) that the concept of "square" is not just a municipality, it can be used as a means of transport.

May 14, 2019

Work safety rules will be simplified, says Marinho

The special secretary for Welfare and Work, Rogério Marinho, said yesterday that the federal government will review nine safety standards at work. The first change should be ready in early June. According to the secretary, the measure aims to reduce costs for companies and...

13 de May de 2019

STJ mantém recuperação com prazo de pagamento superior ao previsto em lei

As empresas Líder Telecom e Prime Net Informática, que estão em processo de recuperação judicial, conseguiram restabelecer no Superior Tribunal de Justiça (STJ) os efeitos do plano de pagamento aprovado pelos credores em setembro de 2017. Esse caso tem uma peculiaridade importante: é um dos p...

May 9, 2019

STJ sets deadline for tax collection of partners and administrators

The Superior Court of Justice (STJ) decided that the period of five years for the statute of limitations for tax enforcement, in cases of redirection of the collection to partners and administrators, starts to be counted from the date of the illicit act - when it occurs after the company quote. The dec...

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