Martinelli Advogados

With the aim of reducing the number of divergent decisions and legal uncertainties on the subject, Brazil has updated its labor legislation to establish a legal presumption of the absence of an employment relationship between religious entities and their members.

The Toll Fare Voucher is a system in place in Brazilian road transportation services that requires the shipper to prepay the carrier for the tolls along the cargo route. The subject warrants attention due to the significant number of cases where rights are forfeited for lack of exercise, and due to the recent reduction in the statute of limitations period. https://bit.ly/3tp9X1o

In a recent decision, the Brazilian Supreme Court ruled that compensation for moral damages in labor cases can surpass the thresholds established by the Labor Code (CLT). The discussion regarding whether these limits should serve as a reference, or a maximum cap has been ongoing in the Labor Court since the labor reform in 2017. https://bit.ly/3RNTLRu

With the approval from CADE (Administrative Council for Economic Defense), the purchase transaction of VisionFlex, one of the leading companies in Brazil's labels and tags market, by All4Labels, a multinational packaging solutions manufacturer, was finalized with the signing of the final contracts. The complete legal counsel for the operation for VisionFlex was provided by Martinelli Advogados, which oversaw the process until its approval by the regulatory body. https://bit.ly/3Qc9Q2g

Interest on Equity (JCP) offers an effective way for companies to optimize their tax planning, providing greater flexibility in shareholder remuneration. JCP is accounted for as a financial expense, which can result in a more favorable tax calculation basis. Check out the comparative table between JCP and dividends. https://bit.ly/3rNDdyw

A discussion is taking place in the Brazilian Superior Court of Justice regarding an appeal that suggests the use of the Selic Rate as an indexing measure for the inflation adjustment of civil debts, which replaces the current model. The argument is that the Selic Rate is already widely applied as a benchmark in all sectors of the Brazilian economy, and that the current model favors the creditor. https://bit.ly/3QaYmvG

After approval from the antitrust agency and the signing of the contracts, Positivo Tecnologia – publicly-traded company listed on the New Market of B3 (Brazilian Stock Exchange) – finalized the acquisition of SecuriCenter – one of the largest distributors of equipment and solutions for the electronic security segment in the country. All legal due diligence and negotiation of the contract and closing terms were carried out by Martinelli Advogados, who represented the buying party. https://bit.ly/3PXPetk

The Brazilian Government has launched the new Legal Milestone of Exchange, with rules that simplify and modernize international trade operations involving the Brazilian foreign exchange market, the Brazilian capital abroad, the foreign capital in Brazil, and the reporting of information to the Central Bank of Brazil. The changes aim to facilitate access to the foreign exchange market. https://bit.ly/3rL9FBv

Brazil has implemented new legislation to regulate international taxation standards and transfer pricing operations. The objective of these changes is to bring Brazil closer to the standards practiced by the OECD and facilitate the negotiation of double taxation agreements with countries such as the United Kingdom. Our team has prepared a comparative table between the old and new legislation. https://bit.ly/3QauIXn

In August 2023, the General Data Protection Law (LGPD) marks its fifth year as part of Brazilian legislation. During this period, a large number of companies have sought compliance, strengthening their control tools and appropriate measures in the handling of personal data. With the increasing presence of the National Data Protection Authority (ANPD), the first sanctions are beginning to emerge. https://bit.ly/46pKtiZ