NEWSLETTERS, ARTICLES AND MEDIA
NEWSLETTERS
Hightlights
In this edition, we highlight that last Wednesday, March 22, The Draft Law 4302/1998, which regulates and increases the outsourcing for all types of activity, was approved in the House of Representatives.
Good Reading!
Legal Bulletin
CIVIL LAW AND CIVIL PROCEDURE
Supreme Court - Court admits first incident of assumption of competence in special feature
The Superior Court of Justice (STJ) admitted the first incident of assumption of competence (IAC) provided that this Institute, previously called as displacement of competence or affectation, was revitalized and strengthened by the Civil Procedure Code (CPC) of 2015.
With the approval of the incident, the Second Section will judge a special feature - initially distributed to Third Class - which discusses the following topics: place the prescription which exists between and the eventual absolute need for prior intimation of the creditor; need for opportunity for the author to drive the process paralyzed for a period exceeding that specified for the prescription of the claim published on demand.
The rapporteur of the resource, Minister Marco AurélioBellizze, proposed the assumption of responsibility for the case to be judged in the Second Section, in view of the importance of legal questions and the divergent understandings between the Third and Fourth Divisions of the court, specialized in private law.
Source: Superior Court of Justice - Process: REsp 1604412
CONSUMER LAW
Consumer protection does not exclude the effects of judicial recovery
The ministers of the Third Class of the Superior Court of Justice (STJ) came to the understanding that the consumer law does not put the consumer in a privileged position capable of protecting him from the costly consequences to the creditor in case of judicial recovery from the supplier. The minister Villas Bôas Cueva, rapporteur of the displayed resource, interpreted that the Lei de Falências e Recuperação de Empresas [Bankruptcy and Business Recovery Law] (LFRE) clearly establishes what credits will not be submited to the judicial recovery.
With the priority of preventing the bankruptcy of the company, all decisions of constriction of credit and assets of the reclaimed, under the responsibility of the competent court for recovery because this, adopting the new understanding, must prioritize the welfare and progress of the action, only due to this judgment of being "capable to promote the classification and satisfaction of claims without favoring or harming certain class or frustrating the financial reorganization of the company," according to the minister.
Source: REsp 1598130
https://goo.gl/6hsa2b
ENVIRONMENTAL LAW
Updating the management of the contaminated areas and environmental licensing in São Paulo
It was published on 02.10.2017 the new decision of the CETESB No. 38 as of 02.07.2017, in consequence of the State Law 13.577/2009 and its Regulation, consented by Decree 59.263/2013. This instrument is on procedure for the protection of the quality of soil and groundwater, procedure for management of contaminated areas and guidelines for the management of contaminated areas within the framework of the environmental licensing.
This decision brings a considerable improvement to the investigation of environmental liabilities bringing back the technological gadgets and bringing greater quality of information on environmental reports. On other matters, what called attention and can generate shocks is the billing for evaluation of reports of contaminated areas.
Source: https://goo.gl/8ffQtM
SUBSTANTIVE AND PROCEDURAL LAW OF LABOR
Draft Law that regulates the outsourcing of labor activities is approved by the Chamber of Deputies
The House of Representatives approved last Wednesday, March 22, The Draft Law 4302/1998, which regulates and increases the outsourcing for all types of activity. The measure provides that the outsourced contracting can occur without restrictions, including the public administration.
If sanctioned by the president, the new law also amends the contract of temporary work, which can be used both in-order to regard the end-activities, and increases from 90 to 180 days the maximum time of contract in this modality.
As for the labor obligations to third parties, the text establishes the subsidiary liability of the contractor company during the period in which occurs the provision of services. In this way, the property of the contractor company may only be pledged by Justice if there are no more goods from a supplier of sub-contractors for the payment of condemnation related to unpaid duties.
There is still the prediction that the contractor ensures conditions of safety, hygiene and health to workers, identical to those of the contractor company.
The law also provides that the company of outsourcing can subcontract other companies to perform services of hiring, compensation and direction of work to be done by their employees on the premises of the contractor.
Source: https://goo.gl/w8b51y
TAX LAW
Supreme Court decides: the inclusion of ICMS in the calculation base of PIS/COFINS is unconstitutional
As reported by the press on last Wednesday, March 15, the Federal Supreme Court concluded the trial of Extraordinary Resource No. 574,706, whose theme was the inclusion or otherwise of the ICMS from the basis of calculation of the contribution to PIS and COFINS (PIS/COFINS).
The trial was discontinued since the day 09 of March, with the score of 5 votes to 3 in favor of the exclusion of the ICMS from the basis of the calculation of the aforementioned social contributions. It remained pending, only the votes of the Ministers Gilmar Mendes and Celso de Mello. The first understood by the constitutionality of inclusion, renewing the pro National Treasury understanding given in the Extraordinary Resource No. 240,785. The Min. Celso de Mello understood by the unconstitutionality, resulting in the score of 6 votes to 4 in favor of the taxpayers.
It happens that the General Attorney of the National Treasury, during the oral argument, proposed a modulation, so that the decision of the Supreme will only take effect from next year (01.01.2018).
Meanwhile, the Minister Carmen Lucia noted that it had no acts of any request in this sense, only a plea made in the tribune during the sustentation. Consequently, the election of modulation of the effects of the decision could not be appreciated in that session, but the possibility of being formulated and assessed via embargoes of declaration was flagged.
Source: https://goo.gl/8UDGcV
Articles
The articles (i) "The New Documents for Update of the CNPJ of the Foreign Companies”, drawn up by the partners Luiz Ricardo Giffoni, Daniela Rondinelli Capani and Gustavo de Oliveira Canoves; and (ii) “On the Inclusion of the Ecocide as a Crime Against Humanity", drawn up by the Lawyer Luciana Simmonds de Almeida, can be read in the website www.trigueirofontes.com.br.
Trigueiro Fontes News
(i) The partner Rodrigo da Fonseca Chauvet (RFC), responsible for the areas of Administrative and Regulatory Law of the Office, was approved in the Doctoral Program in Administrative Justice of the Universidade Federal Fluminense [Fluminense Federal University] (UFF).
(ii) The partner of the reviewer of the environmental area, Ana Carolina F. de Melo Brito, obtained approval of scientific work on the instruments of the Brazilian environmental law, to be presented at the 23rd annual conference of the International Sustainable Development Research Society (ISDR). The event, which aims to engage academy, government, communities and businesses in the debate of the sustainability to the development, will be held for the first time in South America, on the days 14 to 16 June, in the city of Bogota, Colombia.
(iii) Paula Marsolla, lawyer of the cell SPO 03, was adopted in the course of post- graduation in People Management and Labor Compliance by the Getúlio Vargas Foundation (GVLaw).
(iv) Rodrigo da Fonseca Chauvet, partner responsible for the areas of Administrative and Regulatory Law Office, had his article "Self-regulation and Social Responsibility of Business in the Mining Sector: the experience with the "Mining Program" published in the Journal of Law of Public Administration, of the Universidade Federal Fluminense (UFF). The content can be accessed through the website: http://www.redap.uff.br/index.php/redap/article/view/87.
(v) Luciana Simmonds de Almeida (LSA), coordinator of the cell SPO10, has passed the post-graduate course in the Economic Criminal Law by the Fundação Getúlio Vargas (FGV).
EDITORIAL BOARD formed by the members Gilberto Canhadas Filho, Gabriel Henrique da Silva Lopes and André de Barros Borges Andreoli. Coordination of the partner Fernanda Cabral de Almeida Gonçalves. The information disclosed herein does not necessarily represent the opinion of the Office. Disclosure limited to customers from the Office or persons connected to him. Disclosure authorized, since the origin is mentioned.
