The STJ reaffirms that the term for appeals starts only after personal legal notice

The STJ reaffirmed that, after the escrow is made, the counting of term for the stays of execution begins from the date of personnel legal notice of the debtor, in accordance with Article 16, section II of the Law of Tax Executions. (EREsp 1.062.537 -RJ)

Collective Agreement can not reduce hazard percentage

In the trial of RR no. 62508/2002.900.11.00.5, the 2nd  Panel of TST judged that the hazard additional pay can not be reduced through collective agreement. In this case, the Panel understood that, although the collective standard was valid on its other aspects, it could not reduce the percentage of additional hazard pay, as this is an act contrary to labor laws.

ADMINISTRATIVE LAW

ANVISA edits pharmacovigilance regulations

The Collegiate Board of Directors of the National Health Surveillance Agency (ANVISA) edited a RDC Resolution no. 4 of Feb/10/2009, providing on pharmacovigilance regulations for holders of registration of medicinal products for human use. Among the provisions of the resolution, there is the determination of implantation of organizational structure according to the complexity of the actions to be performed and elaboration of manual of procedures.

The Company can check the employee’s e-mail

The 7th  Panel of TST denied the request for indemnification by moral damage by the former employee whose e-mail was investigated by the management. Prevailed the understanding that the access of the company to employee’s institutional e-mail does not characterize a breach of privacy. If the employee wants to ensure confidentiality, he should create his own e-mail, because only the personal e-mail of the employee has the constitutional protection of inviolability of mail. The company, therefore, could have access to corporate e-mail. (RR 9961/2004-015-09-00.1).

CORPORATE LAW

The bankrupt application due small debt, even if applied before the new law was not accepted

The Law no. 11.101/2005 set the limit of 40 minimum wages to motivate the presumption of bankruptcy. However, in the judgment resulting from two actions submitted before the new Law on Bankruptcy, the 3rd Panel of STJ maintained the decisions of the Court of the State of São Paulo that considered inappropriate the requests of bankruptcy of two companies for amounts considered small, because the principle of preservation of companies is also present in the previous legislation. In one case, the debt was R$ 4,500; in the other, totaled R$ 5,132.40. (REsp 870509 and  959695)

New Gas Law

Published the Law no. 11.909/2009, which regulates activities related to transport of natural gas, as well as the activities of treatment, processing, storage, liquefaction, regasification and marketing of natural gas.

CIVIL LAW AND PROCEDURAL LAW

STJ approves two new abridgements

Abridgement 369 - "In a commercial leasing contract,  even if there is a express resolutive clause, it is required prior notification from the tenant is required to send him a notice of default."

Digest 370 - "the early submission of post-date check characterizes moral damage."

New execution law reaches old action

The 3rd Panel of the STJ, upon analyzing an execution of an order, judged that the amends in procedural law shall be applied immediately, because as reported the Judge Nancy Andrighi, the Brazilian law does not recognize the existence of acquired right to procedural rite. The STJ decision admitted that the legal notice can be made through his lawyer (Law No. 11232/2005), even if the implementation of legal order has started following the old procedural rule, which provided for the personal legal notice. (REsp 1.076.080)

ENVIRONMENTAL LAW

STJ: The control exercised by INPEV is legal

The 1st Panel of the STJ rejected the appeal of the company which wanted to operate in the activity of recycling of empty packaging of pesticides, arguing that the Conama Resolution 334/2003, when demanding the statement of commitment with the National Institute of Processing of Empty Packaging (Inpev) for environmental licensing, renewed the legal system and granted to a private entity the power to decide which companies could operate in the activity in question.

The rapporteur judge, Denise Arruda, stated that the responsible for the final destination of empty agrochemicals packaging is the manufacturer thereof or, when the product is not manufactured in the country, the importer. And that, in the exercise of that duty, the companies producing and marketing agrochemicals are currently represented by the Inpev. Thus, "if these companies are to be liable for any damage to the environment resulting from the recycling of empty containers of agrochemicals, it is fair that they have the prerogative to establish partnerships according to their convenience." (RMS 25399)

STJ begins to scan processes

Since the beginning of the year, all special features and appeals, which represented 81% of all cases filed with the STJ, are immediately scanned. The goal set by the Court is to have all ongoing processes scanned up to July 31 this year. From then on all processing shall be made electronically.

 

Maíra Silvano da Fonseca starts postgraduate in Rio de Janeiro

Maíra Silvano da Fonseca (MAI), lawyer of the Rio de Janeiro unit, started a Course of postgraduate "Lato Sensu" in Civil Procedural Law at University Cândido Mendes/RJ.

Cycle of Business Conference sponsored by TRIGUEIRO FONTES ADVOGADOS in Fortaleza/CE

The unit of Fortaleza promoted in partnership with the company Futura Investimentos, the lecture "Investment Strategies for 2009",  which aimed to give the participants the basics notion of operation of the stock exchange and the capital market, and what are the best investment strategies and economic growth projections for this year.

TRIGUEIRO FONTES participates of the World Business Dialogue, in Cologne, Germany.

The composition of Vanessa Arruda Ferreira (VAN) was selected and she won a fellowship grant to participate, in April 1 and 2, of the World Business Dialogue. The event is a biennial discussion forum of the University of Cologne, Germany, whose theme this year address the sustainable development of companies - “The integrated challenge - Resources, China & Customer Revolution”.