FEB
23
2011

Some notes on Brazil in the Inter-American human rights system

Valerio de Oliveira Mazzuoli

Parallel to the global system of protection of human rights, there are also regional systems of protection (e.g., the European and the African ones).

OCT
18
2010

Judicial review of the Independent Regulatory Agencies

Alexandre Wagner Nester

Established in Brazil in the context of the liberalization process previously narrated, the independent regulatory agencies were created by law and qualified as special autonomous government entity.

AUG
27
2010

Provisional Measure (MP) 495 and changes in public biddings law

Cesar A. Guimarães Pereira

Brazil has just enacted new legislation creating "buy national" preferences. Many aspects are still subject to further executive regulation, but there is a legal limit of 25% for the advantage that may be granted to companies that are established in Brazil or comply with certain minimum nationalization requirements. The issue is relevant especially due to the massive amount of government investments foreseen for the near future in Brazil, also due to the FIFA 2014 World Cup and the 2016 Olympics in Rio.

JUL
21
2010

New law consolidates thin-capitalization rules

Gilberto Ayres Moreira and Caio Caetano Luna

Law 12,249/10, enacted through the conversion of Provisional Measure 479/09, set forth the definitive rules for the deductibility of interest paid to related parties domiciled abroad and to entities domiciled in tax havens. These regulations are commonly referred to as thin-capitalization rules, and seek to prevent tax evasion through the transferring of profits disguised as interest expenses.

JUL
16
2010

Federal Revenue issues new list of tax havens

Gilberto Ayres Moreira and Caio Caetano Luna

On June 4th, 2010, the Federal Revenue of Brazil issued Normative Ruling No. 1,037, containing a new list of countries deemed by Brazilian tax authorities to provide favorable taxation and privileged tax regimes.

JUN
11
2010

Investing in Brazil – How to get started

Lukas Matthias Rhomberg

With the global financial crisis predominantly affecting the economies of the most developed countries in the world, investors are increasingly turning towards emerging economies with strong growth forecasts. Brazil, which has emerged almost unaffected from the global financial crisis, has registered a particularly marked increase in investor interest in recent times.

MAR
10
2010

Off-shore companies: a legitimate and legal instrument for Estate and Fiscal planning from a Brazilian perspective.

Aloysio Vasconcellos

The search for new structures aiming at the betterment of estate planning through alternative forms of asset management has increased significantly over the last quarters. The main reason for this sudden rise was the uncertainty regarding estate taxation and fortune management in Brazil. The fear is that the legislator´s efforts for social justice may affect the tax legislation and, consequently, it could have an effect on how individuals and companies should manage their assets.

FEB
12
2010

Moral Damages caused by an Employee against the Employer

Cintia Yazigi

Nowadays, because of the unanimous understanding regarding the competence of the Brazilian Labor Courts to judge labor lawsuits arising out of any occurrence concerning an employment relationship, the Labor Courts have received countless and endless Labor Claims involving moral damages to be indemnified by the employer.

JAN
18
2010

New Transfer Pricing Rules in Brazil

Rodrigo Eduardo Pricoli

Provisional Measure number 478 published in the end of 2009 has modified the Brazilian Tax Law, especially the Transfer Pricing Rules. Based in the current wording of this Measure (it is still subject to the Congress approval and can be modified), it is possible to verify some relevant impacts for multinational companies established in Brazil.

DEC
18
2009

Seized Goods

Stanley Martins Frasão and Fernanda Campolina Veloso

The Bill number 1377/07, if passed, will become effective on the date of its publication, and will add provisions to the article 10 of the Law number 8,429 of June 2nd, 1992 – the Administrative Misconduct Law, regarding the safeguard and upkeep of seized good by the Public Administration, cited below:

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