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Developments in the public civil actions brought by the MPT against banks for imputation of liability through the chain of production
The seven public civil actions filed by the Public Labor Prosecutor’s Office (MPT) against Brazil’s main banks for alleged liability for their clients' social and environmental risks are beginning to unfold.
ECONOMIC FREEDOM LAW
After months of intense debate between the Executive and Legislative Branches, Civil Society, and market players, the Economic Freedom Executive Order (Executive Order No. 881, of April 30, 2019) was finally converted into law on September 20 (Law No. 13,874/19), effective immediately. In order to reduce the day-to-day bureaucracy for Brazilian entrepreneurs, to establish free market guarantees, and to provide greater legal certainty for Brazil's business environment, the new law promotes changes in various areas of law, including civil, administrative, company, corporate, and labor law.
The Economic Freedom Act, an opportunity for the investment funds industry
Law No. 13,874/19 which established the Declaration of Rights of Economic Freedom,[1] was enacted in order to address many claims of the business community to improve the business environment in Brazil. Among the principle based provisions and legislative changes, it should be highlighted the new rules inserted into the Civil Code relating to investment funds,[2] in particular the possibility of limiting the liability of quotaholders and service providers of the investment fund.
Recall: new rules for campaigns in Brazil
Two ordinances amended the rules governing recall campaigns in Brazil earlier this half of the year. The standards modernize the regulations of the procedure imposed by the Consumer Protection Code (article 10, paragraphs 1 and 2) whenever the supplier becomes aware of the possibility of having introduced into the Brazilian market a product or service that poses a risk to the health or safety of the consumer.
CVM and STJ clarify civil liability of hotel operators in collective investment agreements
The Brazilian Securities and Exchange Commission (CVM) and the Superior Court of Justice (STJ), in two decisions in the first half of the year, made it clear that hotel operators may only be held liable for irregularities or damages in the offering of condo hotels if they participated actively in the efforts to sell the ideal fractions to buyers.
Possible replacement of appeal deposits with judicial performance bonds in the Labor Courts
In order to encourage the creation of new jobs and inject money into the market, the Ministry of Economy plans to present a package of measures that, among other actions, authorizes the replacement of funds paid by employers as appeal deposits with judicial performance bonds.[1]
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