Dispute Resolution

UNCITRAL Model Law on Cross-Border Insolvency in Force in Brazil

On 23 January 2021, Law 14,112/2020 came into force. This Law substantially amended the Brazilian Judicial Recovery and Bankruptcy Law (the “Insolvency Law”), with the key...

Corporate • Dispute Resolution|

Contract Law: Force Majeure and Hardship in Brazil

Quick read: The coronavirus (COVID-19) outbreak has caused major disruptions to businesses around the world, especially to supply chains and sales. Brazilian law can protect...

Contracts • Dispute Resolution|

The New Brazilian Franchising Law

Quick Read: On 27 December 2019, the new Brazilian Franchising Law (“BFL”) was officially published. This Law replaces in full the previous Franchising Law. The BFL is more...

Contracts • Corporate • Dispute Resolution • Intellectual Property|

Brazil’s Economic Freedom Law

On 21 September 2019, Law 13,874/2019 came into force. Nicknamed the Economic Freedom Law, it marks a major move towards greater economic freedom and a more...

Contracts • Corporate • Dispute Resolution • Government Procurement and PPPs • Intellectual Property • Migration Law|

Translation of Declaration of Rights of Economic Freedom

Below in italics is my translation of Chapter II of Law 13,874/2019, together with links. This Law marks a major shift in the way business law is to be interpreted in Brazil, so...

Contracts • Corporate • Dispute Resolution • Government Procurement and PPPs • Intellectual Property • Migration Law • Mining Law • Tax and Customs|

State of São Paulo Approves Arbitration for Government Contracts

Well-regarded arbitration institutions may be chosen to resolve disputes with the State. On 1 August 2019, Decree 64,356/2019 was published in the São Paulo Gazette and came into...

Contracts • Dispute Resolution • Government Procurement and PPPs • Intellectual Property|

Brazil: Hague Service Convention Now in Force

The HCCH’s Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (commonly known as the “Hague Service...

Dispute Resolution|

Changes to the Civil Code: Easier Removal of Directors (Administradores) and Minority Shareholders

Law 13,792/2019 (gazetted on 3 January 2019) was one of the first Bills signed into Law by President Bolsonaro. The Law amends the Civil Code. Now if a director (administrador) of...

Corporate • Dispute Resolution|

TST: Signing Bonus is Salary

Brazil’s Superior Employment Court (Tribunal Superior do Trabalho or “TST”) has recently issued its final decision addressing whether an employee’s signing bonus...

Contracts • Corporate • Dispute Resolution|

New Law Brings Pragmatism to Brazilian Judicial and Administrative Decisions

Key Points Law 13,655/2018 (the “Law”) came into force on 26 April 2018. The Law introduces important changes to the decision-making process at both administrative and...

Contracts • Dispute Resolution • Government Procurement and PPPs • Tax and Customs|