April 9, 2019

Redhibitory addiction and CDC, the various ways to undo a bad deal

Many people have already faced the following situation: they acquired a good through a contract, for example, a purchase and sale contract, and after some time they discovered that the object of this contract had a defect or vice - hidden at the time of purchase - that made it unfit for use...

April 6, 2019

Judicial recovery is slow in São Paulo

The Justice of São Paulo takes about 57 days to grant a request for judicial recovery. Companies, on the other hand, need a median period of 517 days to approve a recovery plan at the meeting and three years to leave the Judiciary (monitoring period). The numbers ...

April 5, 2019

Revenue must follow 29 Carf precedents

The Ministry of Economy attributed binding effect to 29 precedents of the Administrative Council of Tax Appeals (Carf). The measure, provided for in Ordinance No. 129, obliges the federal tax administration - which includes the Federal Revenue and the National Treasury Attorney General (PGFN) - to follow the e...

April 4th, 2019

Chamber approves Madrid Protocol on trademark registration

The plenary of the Chamber approved today (4) the text of the Madrid Protocol on the international registration of marks. The proposal, which is on the list of priorities of the Legislative Agenda for Industry, delivered this week to Congress, streamlines procedures and allows intellectual property to be re...

March 26, 2019

Active debt reaches R$ 2.2 trillion; 44.8% is unrecoverable, says PGFN

The number of debtors of the Union reached 4.6 million, which involves a debt of R$ 2.2 trillion, according to data released by the Attorney General's Office of the National Treasury this Tuesday (26/3). As per the PGFN in Numbers 2018, 44.8% of this amount is irrecoverable. Big debtors add up...

March 25, 2019

Tax authorities change judgment of repatriation cases

The Federal Revenue made a change in the rules for judging the appeals of taxpayers who had their membership canceled or were excluded from the Exchange and Tax Regularization Regime (RERCT) - the so-called repatriation program. The analyzes will follow the general rules of the processes to...

March 22, 2019

Usina Santa Terezinha, Paraná, asks for judicial recovery

Usina Santa Terezinha (Usçucar), the largest sugar-alcohol company in Paraná and one of the ten largest in Brazil, filed for bankruptcy protection last night after a setback in negotiations with creditor banks, according to Valor. The company has an estimated financial debt...

March 21, 2019

STJ maintains fine on company that sells advance tickets

Por unanimidade, a 2ª turma do Superior Tribunal de Justiça negou, nesta quinta-feira (21/3), recurso em que a Tickets for Fun pretendia reverter multa de mais de R$ 1 milhão por infrações ao Código de Defesa do Consumidor aplicada pelo Procon São Paulo. Na sessão, o colegiado manteve decis�...

March 20, 2019

STJ sets statute of limitations for breach of contract

The Special Court of the Superior Court of Justice began to analyze, this Wednesday (20/3), a case on the statute of limitations for civil reparation claims based on contractual default. The trial was suspended after a request from Minister Félix Fischer to see it. In case the...

March 19, 2019

TJ-SP annuls notice of infraction that disallowed credit arising from disreputable invoice

The STJ already has a consolidated understanding in the sense that the buyer in good faith has the right to credit the tax arising from an invoice later declared disreputable. Thus, in this sense, the merchant in good faith who acquires goods, whose invoice (issued by the selling company) was...

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