Publications
The new Code of Civil Procedure (CPC) brought in several innovations aimed at ensuring greater effectiveness and speed in proceedings. Among them, article 139, item IV, of the CPC confers on the magistrate the power to "determine all inducive, coercive, mandamus, or subrogatory measures necessary to ensure compliance with a judicial order, including in actions that have as their subject matter a money payment", thus authorizing the application of atypical measures to ensure fulfillment of obligations.
The Federal Supreme Court (STF) has recognized the existence of general repercussion of an appeal regarding the inapplicability of the statute of limitations on a claim aiming at civil compensation for environmental damage, in a judgment issued on June 1, 2018. Most of the Justices agreed with the reporting judge's opinion.
Taxpayers will no longer be able to offset federal tax credits with debts related to the monthly collection due to IRPJ and CSLL estimates, according to Law No. 13,670/2018, published on May 30 (inclusion of item IX in paragraph 3, article 74, of Law No. 9,430/1996). In 2008, Presidential Decree No. 449 had already included this restriction in tax legislation, but it was not converted into law, and the measure ceased to be effective as of 2009.
The Central Bank of Brazil (Bacen) has completed the regulations necessary for the issuance of Secured Real Estate Letters (LIG), with the issuance of Circular No. 3,895/18, on May 4. The norm provides for the procedures for a centralized deposit of LIGs and for a centralized registration or deposit of the assets that make up the asset-backed portfolio securing the issuance of that instrument.
After a presidential signature with few vetoes, on April 26, Federal Law No. 13,655 was published, which establishes rules on the creation and application of public law. Known as the Legal Certainty Law, it includes new principles, applicable mainly to the practices of administrative law in the former Law of Introduction to the Civil Code, renamed in 2010 as Law of Introduction to the Norms of Brazilian Law (LINDB).
Diseases that give rise to social stigma are a subject that is not much debated but which is extremely delicate and relevant. In 2012, the Superior Labor Court (TST) issued the precedent No. 443, which states as follows: "The dismissal of an employee that is HIV-positive or has other serious illness that causes stigma or prejudice is presumed to be discriminatory. If the act is invalid, the employee has the right to reintegration into employment."
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