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May 2009
Number: XXXVIII

This month, we highlight the three new abridgements of the Superior Court of Justice (STJ), where the bank contracts were subject to analysis (abridgements 379 and 381), where are authorized interest on arrears up to 1% per month, as well as the bar to the acknowledgement, ex-officio, of abuse of contractual clauses in those contractual species.
We also recorded the declaration of unconstitutionality of the Press Law, which was completely excluded from our legal system.

Finally, by reason of direct conflict with case law established in the Federal Supreme Court (STF), we recall that the Jurisprudential Orientation No. 205 of the Superior Labor Court (TST) was canceled.

Good Reading!


CIVIL AND CIVIL PROCEDURAL LAW ABRIDGEMENTS The STJ approved three new abridgements (379, 380 and 381) that deal with interest on bank contracts, action for revision of contract and abuse of the clauses in bank contracts. Abridgement 379 "In bank contracts not ruled by specific legislation, the default interest may be fixed in up to 1% per month." Abridgement 380 "The mere proposal of the action for review of contract does not inhibit the characterization of the plaintiff’s arrears." Abridgement 381 "In bank contracts, the judge is forbidden to acknowledge, ex-officio, the abuse of the clauses."		ADMINISTRATIVE LAW Administrative rule No. 495 edited by ANVISA to Approve the Regulatory Agenda for 2009 The Director-President of the National Sanitary Surveillance Agency approved the administrative rule No. 495, which established the Regulatory Agenda for ANVISA in 2009.

STJ establishes new precedent on stays of execution in class action It is legal the decree of decadence in the action of accomplishment of decision awarded in class action, because in this case it does not apply the provision in Article 741, VI, of the Code of Civil Procedure. The precedent was established by the First Panel of the STJ when rejecting appeal filed by a group of taxpayers against the decision of the Federal Regional Court (TRF) of the 4th Region that acknowledged limitation on a stay of execution of class action with individual execution. (Resp 1071787)		LABOR LAW Daily search to employee does not cause moral damage. In the judgment of the RR No. 11830.2005.007.09.00-0, the 3rd Panel of the TST understood that the fact of a company search its employee, is not alone sufficient element to file action for moral damages. The rapporteur, Minister Rosa Maria Weber Candiota Rosa explained that the search may cause moral damage if its conduction is made in a demeaning manner.

STF decides that the Press Law is unconstitutional For seven votes against four, the STF has decided that the Law 5.250/67 was not approved by the new democratic order, established with the Federal Constitution of 1988. With the decision, the rule is completely excluded from the legal system. (ADPF No. 130-DF)		Jurisprudential Orientation (OJ) No. 205 Canceled The Plenary of the TST decided to cancel the OJ No. 205, of the SDI – 1, of the TST, that declares the material jurisdiction of the Labor Court to judge actions related to distortion of the temporary contracts by public entities. The decision was motivated because, in various judgments, the STF declared that the Labor Court is incompetent to appreciate demand related to the temporary contracting by a public entity.

TAX LAW Spontaneous Termination does not apply to installment of tax debt The First Section of the STJ, upon judging representative appeal of dispute (art. 543-C of the Code and Resolution No. 8/2008 of the STJ), reaffirmed position that the spontaneous termination (art. 138 of the CTN) does not apply to cases of installment of the tax debt. (REsp 1.102.577-DF) Purchaser of finished product in the domestic market does not have right to IPI presumed credit The tax benefit specified in the art. 1 of Law No. 9.363/1996 (presumed credit of IPI) shall not be available to a trading company that purchases the finished product in the domestic market, rather than manufacturing it or providing inputs for a third party to produce the goods to be exported (goods produced by third party, on behalf of the company), was the decision pronounced by the 2nd Panel of the STJ (§ G10)

Office in Belo Horizonte is inaugurated!

The 10th unit of Trigueiro Fontes Lawyers was inaugurated in Belo Horizonte in May 4th. The Office will be managed by the partner Fabio Henrique Catão de Oliveira (FHC), who will initially head a team consisting of three lawyers and two trainees.

Trigueiro Fontes participates of a business lunch in Fortaleza/CE at the invitation of the Chamber of Commerce Brazil - Portugal.

Manoel Duarte (MDP) and Gilvando Figueiredo (GIL), members of the Regional Unit of Fortaleza/CE, participated in the business lunch sponsored by the Chamber of Commerce Brazil-Portugal, attended by various authorities and business groups linked to the Portuguese-Brazilian Chamber. At that time, was given a lecture "The Portuguese Language market", by Dr. Francisco Mantero, General Secretary of the Business Council of the Portuguese Speaking Countries Community (CPLP).

EDITORIAL BOARD composed of members Vanessa Arruda, Antônio Carlos Acioli and Luiz Gustavo Meira Moser, coordinated by partner Ana Carolina Brito.

The information disclosed herein does not necessarily represent the Firm's opinion. Disclosure limited to the Firm's Client's or persons connected thereto. Disclosure authorized subject to indication or origin.

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