The shifting of the burden of proof in the brazilian judiciary and its impacts on companies doing business in the country
KEYWORDS/SCOPE Shifting of the burden of proof, Brazilian judiciary, Civil procedure, Consumer Protection Code.
Enforcement against secondary debtors: new binding precedent from Brazil’s Superior Labor Court increases risk exposure for service contracting companies
Keywords: [secondary debtor; labor enforcement; Brazilian labor courts; labor liability; service provision; service contractor; TST;] Summary: Brazil’s Superior Labor Court now allows enforcement directly against subsidiary debtors once the main employer defaults, heightening companies’ financial exposure and demanding stricter oversight of third-party contractors.
Shielding companies against carbon credit fraud in Brazil
Luciana Camponez Pereira Moralles, partner The carbon credit market is an economic instrument created to assign value to greenhouse gas (GHG) emissions and promote their reduction, encouraging society’s transition to a low-carbon economy. However, its credibility and integrity can be seriously compromised by fraudulent schemes, which undermine investor confidence and harm global environmental objectives.
Conditions precedent for M&A transactions
Andrea Tincani, partner Camila de Godoy Ferreira, lawyer Júlia Cristina Arruda Savioli, lawyer Giovana Silva, trainee In M&A transactions, it is common for risks and irregularities identified during the due diligence phase to require remediation before the transaction can be finalized. Additionally, certain critical steps — such as third-party approvals and structural adjustments — …
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International Research and Development Agreements involving Intellectual Property in Brazil: Essential Clauses and Practical Strategies
International Research and Development (R&D) agreements have become increasingly significant worldwide, as companies pursue global competitiveness, technological advancement, and integration into international value chains in response to growing demands for innovation.
“Moral Damages” in Brazil: What Foreign Businesses Need to Know
“Moral damages” (“danos morais”, in Portuguese), refer to compensation awarded to individuals or entities that have suffered non-material harm, such as damage to reputation, violations of personal rights or emotional distress.
Ultimate Beneficial Owner Declaration in Brazil
Brazilian regulation requires all companies, both national and foreign, registered in the National Registry of Legal Entities (CNPJ), to declare the existence or non-existence of an Ultimate Beneficial Owner (UBO) within thirty (30) days from the date of registration with the CNPJ, in accordance with the guidelines contained in the Normative Instruction No. 2119/2022, issued …
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Brand Protection in Brazil: Strategic Negotiation as a Tool to Prevent Litigation
In today’s global economy, trademarks are no longer mere identifiers — they are core business assets that influence brand equity, consumer loyalty, and competitive positioning. For companies operating in Brazil, a jurisdiction that balances formal legal procedures with complex market realities, brand protection must be comprehensive and forward-thinking.
What is Happening in the Data Center Market in Brazil?
The data center market in Brazil is currently experiencing significant growth. With the increasing use of artificial intelligence and cloud applications,
BRAZIL’S LEGAL FRAMEWORK REGARDING DEFAULT INTEREST RATES
Recently, Brazilian legal system underwent a significant reform due to the enactment of Law No. 14,905/2024, published on July 1, 2024.