CIVIL LAW AND PROCEDURE

Deposit slip inserted in the record after the period provided shall not result in penalty 

In REsp 1047510, the 3rd Panel of STJ unanimously decided that if the debtor deposits the amount within the legal period of 15 days, but only insert the referred deposit slip in the record after this period, the penalty of 10%, provided in article 475-J of the Civil Procedure Code, shall not be charged. 
New Tenancy Act shall be in force from January
The Act No. 12.112, of December 9th, 2009, amended the Act No. 8.245/1991 (Tenancy Act), in order to improve the rules and procedures for lease of urban property. The new rules, which facilitate the eviction of tenants in default, shall be in force 45 days after publication of the rule.

PRECEDENTS OF THE STF:

PSV 24 – “The Labor Court has jurisdiction over cases concerning mental distress and pecuniary damages arising out of occupational accidents claimed by employees against employers, and the actions at the time of enactment of EC No. 45/2004 shall be decided as well, judgment upon the merits in the first degree of jurisdiction”.
PSV 25 – “The Labor Court has jurisdiction over possessory actions filed due to the exercise of the right to strike by employees from private sector”.
PSV 29 – “"Material crimes against the tax regime, provided in Article 1, item I, of Law No. 8137/90, are not defined as such before the final release of the tax”.

PRECEDENTS OF THE STJ:

410: “The legal notice on the debtor is a necessary condition for the charge of penalty due to breach of obligation to do or not”.

411: “the adjustment for inflation of the recording of a credit corresponding to the IPI (Industrialized Products Tax) is due when there is opposition to its offset arising out of tax authority illegal resisting”.

412: “the action for undue payment of water and sewer taxes is subject to the limitation period provided in the Civil Code ".

413: “The pharmacist may be technically in charge of a pharmacy and a drugstore or two drugstores”.

414: “The service of summons by publication in the tax foreclosure shall have standing when the other modalities are not well succeeded”.

415: “The period for suspension of the limitation period is established according to the maximum punishment prescribed."

416: “The survival’s pension to the dependents of the insured who, in spite of having lost that status, met the legal requirements for retirement until the date of his/her death, is due”."

ADMINISTRATIVE LAW

Delay in judgment debt of the government allows the seizure of public funds
The delay in the payment of the values established in the judgment debt of the government allows the seizure of public funds, under the terms of article 78, § 4º of ADCT. Therefore, the 1st Panel of the STJ, concerning the RMS 29014, determined the seizure of financial resources of the State of Paraná for the payment of judgment debts of the government of more than R$ 11 million due to a company since the year of 2000.

LABOR LAW

Retirement: choice of a rule results in waiver of another

Section I in Employment Disputes of the Superior Labor Court (TST) resolved on the possibility of application of mixed rules on the calculation of retirement. In the case, the employee intended to apply rules in force at the time of its hiring, combined with subsequent amendments, which benefited him in the calculation of retirement, in order to obtain the full value of the asset salary. SDI-1 unanimously denied the appeal of motion for clarification from the retired employee and maintained the decision of the 7th Panel, which did not grant the difference of values in the additional payment, in compliance with decision of the Regional Court. (E-RR-569/2006-008-09-00.0)

TST approves Precedent 424 on deposit for administrative appeal
The precedent which determines that the deposit in advance of administrative penalty does not need to be proved was ratified, provided in article 636 of CLT. The precedent No. 424 shall have the following wording: “Administrative Appeal. Assumption of appealability. Deposit in advance of the administrative penalty. Non-receipt by the federal constitution of paragraph 1 of Article 636 of CLT”.

Tacit Power of attorney is accepted by the TST
The lack of identification of the grantor in the power of attorney shall not be an impediment for the interlocutory appeal of a company to be considered by the TST. The attorney-at-law attended the preliminary hearing, therefore SDI-1 accepted the tacit power of attorney of the company, due to the invalidity of the power of attorney in writing. (E-AIRR No. 299/2007-006-24-40.9).

Authentication for electronic payment of DARF bill shall not be required
The authentication of DARF bill (federal revenue payment form) shall not be required if the document was issued and paid electronically by way of Internet. According to that, the 4th      Panel of the TST denied the dismissal of the ordinary appeal of the company and determined the return of the records to TRT of 12th Region for decision on the subject matter. (RR– 2752/2005-031-12-00.0).