Scrutiny by the Superior Court of Appeals has helped develop a list of parameters to guide the application of these measures. Even so, judges and courts still need to use a high degree of subjectivity to assess the suitability and effectiveness of the atypical constraints requested by creditors. The covid-19 pandemic has added complexity to the topic.
For the TJ-SP, the Tax Authority can request that debtors enter into bankruptcy in some cases. But the Court's understanding, not yet definitive, may have undesirable legal and economic consequences.
Transforming a crisis into an opportunity by managing it effectively, especially from a legal point of view, means reviewing traditional views and practices and welcoming diversity.
Restatements of Law underscore the spirit of innovation, flexibility, and efficiency in the management of government-owned and government-controlled companies, particularly regarding bidding and procurement rules.
The traditional method of dispute resolution with the filing of a claim, adversarial process, production of evidence, judgment, and appeal should be the last path to resolving disputes related to the current covid-19 pandemic.
State government decree contradicts OECD recommendations to avoid increased tax levies during the pandemic
Transitional measures that went for consideration in the Senate are expected to remain in effect until December of 2020.
Transitional changes in Brazilian law impact various areas, such as condominium by-laws, company meetings, and lease agreements.
Notwithstanding that the Covid-19 pandemic has drastic consequences, it also proves to be a unique opportunity for driving technological innovations in the judicial system. One example is the adoption of virtual conciliation hearings, which encourages the resolution of disputes through settlement.
TJ-SP has developed a pre-trial conciliation and mediation option for business disputes, which can avoid overloading the courts and offer a faster and more effective response to disputes caused by the pandemic.
The bill does not take into account that many companies, without a demonstrable economic justification, may stop any payments to creditors knowing that, within the period of extraordinary legal protection, they will be immune to the ordinary legal measures provided for the Brazilian legal system and contracts.
The universalization of work from home policies, encouraged by recent measures to fight covid-19, has increased the need to sign documents electronically. But where does the Brazilian legislation stand on the legal validity of these signatures?