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Divergences between the STF and TST on pejotization

In an article for Revista Consultor Jurídico (ConJur), partner Alexandre Fragoso Silvestre talks about the news that has emerged about STF decisions that change previous TST and TRT decisions. These decisions mainly deal with the recognition of employment relationships for workers hired as legal entities. “The case being discussed must be closely connected, correlated, bring the same facts, so that it can then have its merits assessed. In other words, in order to allow pejotização, for example, of doctors or any other liberal professional, it…

Tax agreement discussed for years is closer

In an article in Valor Econômico, partner Leonardo Briganti talks about the tax agreement that has been discussed for years and is getting closer to happening. Brazil is reviewing its stance on international agreements as it moves towards the OECD. This directly affects tax experts, as it implies new interpretations of these agreements. According to Leonardo, the Brazil-Singapore, Brazil-Switzerland and Brazil-United Arab Emirates agreements follow the OECD guidelines against tax evasion and the transfer of capital to tax havens. “The changes, especially with regard to…

Does the embryo have rights? New Civil Code could regulate fertilization and surrogacy

In an article for InfoMoney, lawyer Ana Clara Martins Fernandes talks about the innovation brought about by the reform of the Civil Code in the field of family and succession law, when it comes to filiation and the use of genetic material. For Ana Clara, the new wording ensures that the will of the deceased person is clearly understood, avoiding ambiguous interpretations and providing more legal certainty. “These are very positive changes that aim to adapt the Civil Code to the new social and technological…

Law created during the pandemic could be a shortcut to preserving jobs in Rio Grande do Sul

In a comment to InfoMoney, partner Alexandre Fragoso Silvestre talks about law 14.437, created during the pandemic, which could be a shortcut to preserving jobs in Rio Grande do Sul. “Thanks to the law, many jobs were preserved and companies were able to keep their cash flowing. Unfortunately, the tragedy that is now striking the state of Rio Grande do Sul is also very big and will certainly depend on all help to recover,” Alexandre recalls. Check out the full story at https://www.infomoney.com.br/minhas-financas/lei-criada-na-pandemia-pode-ser-atalho-para-preservar-empregos-no-rs/

The apparent confusion of assets in the conflict between the Maksoud heirs

In a comment to VEJA, Family Office coordinator Juliana Maria Raffo Montero talks about the conflict over assets between the heirs of the Maksoud group, a luxury hotel located in Bela Vista, São Paulo, who are disputing the values of the family assets with the creditors in the competitive process. “It’s a typical situation for business families: the confusion of assets between what the business is – represented here by the interests of the creditors – and the heirs’ appetite for the value arising from…

The possibility of dismissal without just cause and the judgment of the subject by the STF

It is again on the agenda in the STF, the subject of the possibility or not of the dismissal, by the employer, without just cause of its employees through the trial that will take place in a virtual way, at first between the 19th and 26th of May. In an interview with Link Jurídico, the lawyer specializing in Labor Law, Giovana Angelis, comments on. Stay on top of the subject and check out the full interview: https://lnkd.in/daHQ88Di

The challenges of tax reform in Brazil.

One of the biggest challenges for the year 2023 is the government’s chess game with the National Congress to approve the long-awaited tax reform. An important date in this history is approaching: it is the 23rd of May, when the rapporteur of the proposal of the working group on the subject in the National Congress, deputy Aguinaldo Ribeiro, will deliver the final report with the opinion on the changes that will impact the Brazilian system based on a possible approval. In an interview with LexLatin,…

New models in contracting must not infringe rights provided for by law.

The world of work has experienced major changes in contractual relations, including due to the easing of laws, which often raise doubts and can lead to lawsuits. In an interview for Rede Jornal Contábil, partner Alexandre Fragoso Silvestre comments on the major changes in contractual relations seen in the labor market and proposes to explain about outsourcing – presenting the understandings of the Superior Labor Court (TST) and the Federal Supreme Court (STF) – and crowdworking, from a legal point of view. Read more at:…