Infographic: What PEC 45/2019 approved in and what remains to be discussed?

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A couple is in a stable union and one of them receives an inheritance. In the event of separation, do these assets come into the equation?

In an article for Correio Braziliense, lawyer Samantha Teresa Berard Jorge clarifies that, in a stable union without a contract, inheritances are not included in the division of assets, but their fruits can be shared. “The inheritance received during the stable union does not enter into the division of assets in the event of separation, following the partial communion regime, unless the inherited assets are converted or replaced, and it is crucial to document these changes,” explains Samantha. Check out the full article at https://www.correiobraziliense.com.br/direito-e-justica/2024/06/6876497-namoro-uniao-estavel-e-casamento-entenda-os-detalhes-e-diferencas.html

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…

Fact-checking STJ ruling does not impose taxes on individual income tax refunds

Coordinator Gustavo de Toledo Degelo commented to Reuters on the STJ decision that upheld the levying of PIS and COFINS on the corrected amounts of taxes returned to taxpayers. “It was already an understanding unfavorable to the taxpayer and favorable to the tax authorities that the STJ decided to unify and standardize in order to leave no doubt. The STJ maintained its understanding and now other judges must apply this STJ decision: PIS and Cofins are levied on the Selic portion of the amounts returned…