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A review of the decision on the validity in Brazil of maritime mortgages registered abroad
The validity of maritime mortgages registered abroad has been subject to judicial battles for the past few years in Brazil, in the context of the OSX 3 Leasing B.V. case. The debate has finally reached a positive outcome for creditors, represented by Nordic Trustee ASA as the trustee and mortgagor, thanks to a decision issued by the Superior Court of Justice (STJ) on November 17, 2017, and published on February 1, 2018.
The challenges of regulating the possession of federal public waters at port enterprises
The good standing of the use of physical spaces in public waters is as important for some enterprises as the good standing of the recording of the ownership of real estate in the respective real estate registry.
The duty of cooperation between retailer and manufacturer
The decision issued by the Superior Court of Justice (STJ) relating to Special Appeal No. 1.634.851-RJ presents important definitions regarding the duty of cooperation between retailer and manufacturer in remedying defects in consumer goods.
Reform of the electricity sector and incentives for renewable energy sources
The Ministry of Mines and Energy (MME) submitted to the President of Brazil a proposed bill (PL) relating to the reform of the electric sector and covering a variety of significant changes to the sector that have long been awaited.
Recognition of non-binding nature of preliminary documents in M&A transactions
Mergers and acquisitions (M&A) are the result of a very complex process, the conduct of which is dictated by the objectives and the interests of the parties. However, with the maturation of the Brazilian market, some practices end up being similar, such as is the case, for example, in the negotiation stages phases or in the format adopted to formalize the will of those involved.
Brazil's responses to BEPS - implementation through the double taxation agreement with Argentina
Although it is part of the Base Erosion and Profit Shifting (BEPS) Project to counteract multinationals’ tax planning that uses the loopholes of the international system to reduce their overall tax burden, Brazil has not signed the Multilateral Instrument (MLI) to implement the changes suggested in bilateral treaties to avoid the double taxation (double tax treaties) in the form of a single negotiation.
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