On December 24, 2020 Brazilian Bankruptcy Law was amended by Law 14.112, to make the process of bankruptcy and judicial recuperation (Brazilian equivalent to US Chapter 11) more efficient, in view of the final distress triggered by the COVID-19 pandemia. The declaration of bankruptcy or the granting of judicial recuperation automatically stays certain types of lawsuits, such as execution lawsuits, for a period of 180 days, renewable on an exceptional basis for additional 180 days.…
The COVID-19 pandemic increases claims aiming at avoiding or reviewing contractual obligations based on arguments of force majeure…
The COVID-19 crisis required the Brazilian people to adapt their routine to contain the spread of the virus.…
On March 19, 2020, the City of São Paulo enacted Law 17.324/2020, to foster out of court resolution of disputes. The purpose is to reduce litigation in the city, stimulate ADR’s and better manage the high volume of judicial lawsuits currently handled by the city attorneys. São Paulo shall implement a public policy to broaden the adoption of out of court solutions, to be coordinated by the chief-city attorney. Moreover, the new law has lowered…
BRAZIL Joaquim de Paiva Muniz, Luis Henrique Borghi, Bruna Silveira, Katherina Kuramoti Ballesta, Maria Clara Barros Mota, Frederico…
On September 20, 2019, Decree 10,025/2019 was enacted, to regulate arbitration with the Federal Union, federal administration entities…
On August 27, 2019, Law No. 13.86/19 was published, amending Decree-law No. 3.365/41 (the Brazilian statute on expropriation) to authorize the definition of amount due to owners in expropriation of assets for projects through mediation and/or arbitration. This new law provides that, first, the government shall present to the owner an offer of amount to be paid as indemnification due to the expropriation. The owner has 15 days to answer; silence will be considered as…
The State of São Paulo has issued on July 31, 2019 Decree 64,356, which regulates arbitration with such…
On May 17, 2018, the Federal Terrestrial Transport Agency of Brazil (ANTT) enacted Resolution 5,845/2019, whereby it detailed…
On April 30, 2019 the Brazilian Federal government has enacted Provisional Measure 881 (“MP 881”), with the intention of boosting economic freedom and reducing bureaucracy. MP 881 reflects a liberal view of law. Not only it lifts several formalities for business activities, but it also changes key legal provisions in a pro-business manner, including stricter rules on piercing of corporate veil and more flexibility to set up certain corporate structures. The MP 881 amended certain…