January 29, 2020

Stay period can be extended to preserve recovery plan

The suspension of actions against the company undergoing judicial reorganization (stay period) may exceed the period of 180 days if the judge considers that this extension is necessary in order not to frustrate the reorganization plan. The understanding was applied by the president of the Superior Court of J...

January 28, 2020

Carf understands that mining company's holding company was created to avoid paying taxes

For the tax authorities, the Spanish holding of a company incorporated into CNS Mineração aimed to avoid the incidence of IRPJ and CSLL. Nacional Minério S/A (Namisa), a company merged into CSN Mineração, will pay taxes on profits of an indirect subsidiary abroad for 2008 in the amount of...

January 27, 2020

Judge dismisses MPT action that asked for iFood couriers to be linked

Shirley Escobar considered that there is no employment relationship due to the peculiarities of innovation. Judge Shirley Aparecida de Souza Lobo Escobar, of the 37th Labor Court of São Paulo, dismissed the public civil action brought by the Public Ministry of Labor that requested the...

January 24, 2020

Coca-Cola goes to court against Heineken for 'corporate fraud'

Company requests cancellation of the purchase of Brasil Kirin by the Dutch group. Coca-Cola Brasil and its national associations of manufacturers have filed a request with the Court of Justice of the State of São Paulo (TJSP) to annul the purchase of Brasil Kirin by Heineken and to condemn the Dutch group,...

January 14, 2020

Ambev is convicted in millionaire lawsuit related to World War II

During World War II, after the Brazilian ship Taubaté was bombed in the Mediterranean Sea by a German Air Force plane, the President of the Republic Getúlio Vargas signed Decree-Law nº 4.166/1942, which determined the blockade of goods of all Axis subjects (Ale...

January 13, 2020

STJ decision allows judicial recovery to suspend auction to pay debt with the Union

A decision by the Superior Court of Justice (STJ) may allow the suspension of tax foreclosures against companies undergoing judicial reorganization. This is because the Special Court decided, in a case involving Oi, that it is up to the 2nd Section of the court to judge conflict between the execution judgment and that of the ...

December 16, 2019

Beer style name registration does not guarantee exclusivity

The registration of the designation of a beer style at the National Institute of Industrial Property (Inpi), even as a brand, should not prevent competitors from mentioning it on the labels of their products. After all, it is an expression in common use, which cannot be exclusively appropriated. AND...

December 11, 2019

uncensored beer

The beer bullshit that the column told in September gained a new chapter with the decision of the 6th Civil Chamber of the State Court of Justice to revoke an injunction that prevented the Abbess from producing – and identifying on the label – helles beer throughout Brazil. The ban has been in effect since June, p...

November 21, 2019

STJ indicates change in understanding on tax certificate

Ministers of the 3rd Panel indicated that they would require the document if the case under analysis dealt with recovery after Law No. 13,043/2014. The Superior Court of Justice (STJ) may change the understanding that exempts companies undergoing judicial recovery from presenting a Clearance Certificate of Debt...

November 20, 2019

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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