ArticleEmployed And Non-employed Statutory Officers In BrazilIt is a common mistake to believe that officers in Brazil cannot be engaged or kept as employees during their office.BrazilEmployment and HRDemarest
ArticlePrior Notice And Garden Leave In Brazil"Garden leave" is a concept present in many foreign legal systems and encompasses the idea of an employee away from work and staying home during the notice period arising from his/her employment agreement termination. BrazilEmployment and HRDemarest
ArticleReimbursement Of Education Expenses In BrazilThe reimbursement of education expenses in Brazil was always a controversial issue, from the social security perspective.BrazilEmployment and HRDemarest
ArticleUnconstitutionality Of The Thirty-Year Statute Of Limitations Applied To The Guarantee Fund For Length Of Service (FGTS) Declared By The Brazilian Supreme CourtThe Guarantee Fund for Length of Service (FGTS) is a legal and constitutional right that aims to protect the Brazilian employees in case they are terminated without cause by their employers. BrazilEmployment and HRDemarest
ArticleAcquisition Of Assets In A Brazilian Judicial Recovery In Light Of The New Brazilian Anticorruption Act (Federal Law N. 12.846/13)The section 60, sole paragraph, of Federal Law 11.101/05, is likely one of the most discussed and actually used tools brought by the almost 10-year old Brazilian Bankruptcy ActBrazilInsolvency/Bankruptcy/Re-StructuringDemarest
ArticleReinsurance And The Brazilian Market ProspectsWith the imminent opening of the reinsurance market, the professionals operating in the Brazilian insurance market are envisaging an array of opportunities. Nonetheless, they are somewhat perplexed by the challenge of defining a new regulation and establishing procedures appropriate to structure and manage reinsurance programs and contracts.BrazilInsuranceDemarest
ArticleOfficial Fees For Recognition Of Well-Known Trademark In Brazil Have Significant IncreaseOn March 07, 2014, Administrative Order 39 came into force to change some items in the table of fees for services provided by the Brazilian Industrial Property Office – INPI.BrazilIntellectual PropertyDemarest
ArticleEffects Of The New Brazilian Code Of Civil Procedure On Tax ProceedingsThe new Brazilian Code of Civil Procedure (CPC) enacted by Law nº 13105/2015 and enforceable as of March 2016 will affect all pending civil claims, including those of tax nature that are also governed by the rules of said code. BrazilLitigation, Mediation & ArbitrationDemarest
ArticleBrazilian Internal Revenue Service: Results Of 2014 And What To Expect For 2015The Brazilian Internal Revenue Service released on 03/05/2015 a report with the outcome of federal tax inspections carried out during the year of 2014.BrazilTaxDemarest
ArticleFATCA implementation In BrazilIn order to offset the costs resulting from the enactment of laws aimed at restoring employment in the United States after the crisis of 2008, the Obama administration made a series of provisions addressing the control and inspection of financial transactions, including in regard to tax aspectsBrazilTaxDemarest
ArticleIs It The End Of The Tax War In Brazil?Aiming to combat the Tax War among the Brazilian States, the Federal Senate approved a Resolution establishing that the tax on interstate operations with imported assets and goods will be charged at a rate of 4% in all States, in replacement for the current applicable rates (i.e. 12% and 7%).BrazilTaxDemarest
ArticleThe Age Of CartelsThe new Brazilian Competition Law (Law 12.529/2011), which came into force in May 2012, provided significant changes to the national legal system. BrazilAntitrust/Competition LawDemarest
ArticleOn The Eve Of The World Cup, President Dilma Approves The Law Regulating The Activities Of Tourism Agencies In BrazilAfter intense criticism and almost half of its articles vetoed, Bill no. 5120 intended to regulate the activities of tourism agencies in Brazil was finally passed into Law (no. 12974/2014) by the President of the Republic.BrazilConsumer ProtectionDemarest
ArticleBranch Of Foreign Companies In BrazilApart from incorporating a new company in Brazil, Brazilian law provides the possibility of a foreign entity to establish a branch to operate in Brazil. BrazilCorporate/Commercial LawDemarest
ArticleChange Of Employment Statute Of Limitations In BrazilA recent decision of the Brazilian Supreme Federal Court changed the court’s current understanding of the statute of limitations on the Unemployment Guarantee Fund deposits, a mandatory right guaranteed to all employees in Brazil. BrazilEmployment and HRDemarest
ArticleHow Could The New Brazilian Anti-Corruption Act Impact The Liability Insulation Brought By Section 60, § 1, Of Federal Law 11.101/05 (Brazilian Bankruptcy Act)?One of the main improvements made in the Brazilian legal environment in 2013 was the launch of Federal Law n. 12.846/13, the so-called Brazilian Anti-Corruption Act ("BACA"). Although such law will only become effective in February 2014, since its enactment it has become one of the most debated legal topics in BrazilBrazilInsolvency/Bankruptcy/Re-StructuringDemarest
ArticleThe Treatment Of Group Of Companies Under Federal Law 11.101/05 (Brazilian Bankruptcy Act). Concept Of Substantive ConsolidationThe Federal Law 11.101/05, the so-called Brazilian Bankruptcy Act ("BBA"), had its 10th anniversary in 2015. BrazilInsolvency/Bankruptcy/Re-StructuringDemarest
ArticleWhy is Real Estate Booming In The Port Of Rio de Janeiro?The choice of Rio de Janeiro as the host city of the 2016 Olympic Games created the concern to make huge investments in some of the city's strategic areas, called "Porto Maravilha". BrazilReal Estate and ConstructionDemarest
ArticleService Tax In BrazilBrazil currently has 5,570 municipalities spread out over 27 federated units, including the Federal District. BrazilTaxDemarest
ArticlePre-Salt: A New Legal Framework for the Oil Industry in Brazil*Within the last three years, Brazilian society has been involved in a major debate pertaining to the current legal framework of the oil and gas industry in light of the recent findings of large amounts of oil and natural gas off the Brazilian coast. BrazilGovernment, Public SectorDemarest