The main item in this month's newsletter concerns the exemption of law firms from the payment of INSS. The Federal Court ruled that, in the case of the Pernambuco judiciary section, that lawyers' offices should not be considered to be private companies, thereby excluding them from the obligation to collect social security contributions.

In the field of labor law, it is worth noting the decision which ruled that recent alterations in the civil law process are not applicable to labor law. It should be pointed out that the law had already been interpreted in this way in an article written by a member of our Recife Office, Pollyanna Stelitano Estrela, which was published on our website in November 2007

Another important event was the coming into effect of the new ANVISA regulations regarding appetite-suppressant medications. The new legal ruling aims to restrict the sale of drugs with a high dose of anorexigens

We hope you enjoy this month's newsletter.

LABOUR LAW

The TRF/SP has ruled that it is unlawful to apply new civil law procedures in the field of labor law

An injunction was taken out by the Regional Labor Court of the 2nd Region (TRT/SP), on the grounds of a violation of the clear and legal right of the petitioner to a settlement, published in the Official Publication, in the name of a certified lawyer, ordering a company to proceed to payment of due credit within a period of 48 hours, under penalty, subsequent to this period of time having elapsed, of any assets existing in a bank account being frozen. The TRT-SP ruled that these recent amendments to civil law procedures do not apply in the field of labor law, and that the procedure was in violation of the provision contained in Article 880 of the Consolidated Labor Law Code, which expressly lays out the protocol to be followed. (TRT/SP - 14192200600002004 - MS01 - Ac. SDI 2007035357)

National Association for Sanitary Surveillance (ANVISA)

New rules come into effect with regard to appetite suppressants.

RDC 58, which sets out more rigid criteria for the prescription and sale of anorexigens came into effect on 3.1.2008. The main change in the statute is the creation of a new kind of medical prescription especially for this kind of medication. Furthermore, medicines or formulas intended exclusively for the treatment of obesity should respect the maximum daily dose recommended by the resolution. Anyone failing to observe the new requirements will be subject to fines varying from R$ 2,000 to R$ 1.5 million, in addition to the possibility of having their license revoked, as laid out in Law n° 6437/77.

CIVIL LAW

Lawyers fees have an alimentary nature

In a recent ruling, the Higher Court of Justice (STJ) has decided that lawyers fees have an alimentary nature. The ruling of the Higher Court is to the effect that societies of lawyers are professional associations and their fees thus have an alimentary nature, irrespective of whether these fees are paid to individuals or companies. (Resp nº 293552)

Undue delay on the part of an insurance company in claiming damages may lead to compensation for loss of earnings.

In a recent ruling, the Higher Court of Justice ratified the decision of the Court of Justice of the State of Rio Grande do Sul allowing for payment to cover loss of earnings in the event of undue delay in making a claim for damage to an automobile vehicle. (Resp nº 593196)

PROCEDURAL LAW

An appeal lodged against a verdict that applies to two separate lawsuits may have different outcomes.

The 3rd Circuit of the Higher Court of Justice restated its position that an appeal lodged against a verdict that jointly rules on an injunction and the principal action, may have different outcomes, viz . only on the devolution effect in the case of the injunction and with a dual effect in relation to the principal lawsuit. The Circuit ruled that there is no reason to overrule or mitigate the application of Article 520 of the Civil Process Code. ( Resp nº 970.275-S P ).

TAX LAW 

Law firms exempted from INSS

The Court of the 6th Circuit of the Federal Court in Recife/PE ruled in favor of a preliminary order filed in Injunction nº 2007.83.00.005173-7, which exempted law firms from collection of Social Security contributions on its payroll. The ruling understands that law firms should not be characterized as private companies, and, therefore, are not required to pay Social Security.

RPLP method permitted for pharmaceutical industry in case of transfer pricing.

In a ruling of 4.12.2007, the Higher Chamber of Fiscal Appeals of the Council of Taxpayers confirmed, in Motion nº 101-137537, that Law nº 9.430/96 does not set restrictions on the use of the Resale-Price-Less-Profit (PRL) of imported goods that are modified subsequent to arriving in Brazil before being resold, and that a normative regulation may not forbid the use of the aforementioned method by the pharmaceutical industry.

Agricultural debt bonds that cannot be traded may not be used to write off unpaid taxes

The Regional Federal Court (TRF) of the 2nd Region has ratified, in Interlocutory Appeal nº 2002.02.01.003424-2, the ruling of a lower court judge that agricultural debt bonds should not be used to pay off debts with the National Treasury. The Court ruled that, as the asset offered as warranty may not be traded, and therefore has little or no liquidity, it is justifiable for the creditor to reject the offer of this asset as a warranty.

This month, the article “Corporate Responsibility for Information on the Social Balance” , by our team-member , Ana Carolina F. de Melo Brito can be consulted at our website www.trigueirofontes.com.br .

End of year celebrations at the Brazil-Portugal Chamber of Commerce in Fortaleza.

Trigueiro Fontes Advogados were represented at the end-of-year celebrations of the Brazil-Portugal Chamber of Commerce by Fernanda Cabral (NAN), Manoel Duarte (MDP) and Carlos Rosenberg (CRJ).

Article published in Revista da Universidade de Brasília.

Luiz Gustavo Meira Moser (GUT), a member of Trigueiro Fontes Advogados in Porto Alegre, has published an article "The hardship clauses and the break of the paradigm of the immutability of contracts " in Revista dos Estudantes de Direito da Universidade de Brasília (UNB), issue nº 6, October 2007.

10 years of service at Trigueiro Fontes Advogados.

The Firm paid homage to Fábio de Possídio Egashira (partner) and Ramann Krysnan (librarian) on their completion of ten years of service at Trigueiro Fontes Advogados.