April 25, 2019

The profile of judicial recovery in São Paulo

As in any economic crisis, and the current one has lasted half a decade (three years in recession and two with mediocre growth) and is still not over, the number of companies that enter judicial reorganization (RJ) or suffer bankruptcy grows significantly. This is the dramatic result of...

April 23, 2019

Accompanying tractor supply does not entitle to hazard pay

A tractor operator who remains in the vehicle during fueling is not entitled to the hazard pay, as it is not a dangerous activity. This is how the 2nd Panel of the Superior Labor Court decided by excluding the obligation of an energy company to pay this installment. The employee...

April 22, 2019

Company that left the group after succession is not responsible for labor debt

The successor is not jointly liable for labor debts of a non-acquired company, belonging to the same economic group as the succeeded company, when, at the time, the direct debtor was solvent or economically suitable. With this understanding, the 8th Panel of the Superior Labor Court removes...

April 19, 2019

STF can define PIS and Confis calculation on import

The Federal Supreme Court (STF) may judge on Wednesday two issues of general repercussion. One of them will define whether ICMS and other contributions should be included in the calculation of PIS and Cofins charged on imports. The other will decide whether charging ICMS on piped water is constitutional...

April 16, 2019

Few judges have applied the reform rule for dismissal of actions

Provided for in the labor reform, the possibility of dismissing cases, in the payment (execution) phase, due to lack of movement is still little used by judges. In only two cases, after the entry into force of Law No.

April 15, 2019

Moraes orders Crusoé and O Antagonista to withdraw a report that quotes Toffoli from the air

According to the minister, the article “The friend of my father's friend” has “clear abuse in the content”. Crusoé magazine and the website O Antagonista received this Monday, 15th, an order from Minister Alexandre de Moraes to remove the article “The friend of my father’s friend”, for “clear abuse...

April 10, 2019

STJ defines an appropriate appeal against the decision that judges the first phase of the action to demand accounts

The 3rd class of the STJ decided this Tuesday, 9, on which appeal to be brought against the decision that judges the first phase of the action to demand accounts. The case was reported by Minister Nancy Andrighi. The case dealt with art. 550, §5 of CPC/15, which provides: "Art. 550. Anyone who claims...

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...

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