Contracts with Foreign Companies and the Forum Selection Clause

It is common for many medium-sized and large Brazilian companies to enter into various contracts with foreign companies. The types of contracts often entered into there are distribution agreements, services agreements, transfer of technology agreements, joint ventures, franchising agreements, agency agreements, among many others. An important aspect that must be considered during negotiations and the … Ler mais

Intestinal Transplantation and lawsuits seeking to oblige the state to cover the costs

Lately, the question whether the state has an obligation to pay for treatments for rare diseases with serious health consequences has been much discussed. Microvillus inclusion disease is an extremely serious inflammatory disease, whose sole treatment is intestinal transplantation, since the affected patients have a deficient protein absorption, and their sole source of nutrition are … Ler mais

New Rules Regarding Angel Investors Become Effective in Brazil

On January 1st, 2017, rules applicable to investments made on “micro-enterprises” (companies with annual gross revenue lower than R$360,000.00) and “small-enterprises” (companies with annual gross revenue lower than R$4,800,000.00) by angel-investors, became effective for the first time in our country’s legal system, through Supplementary Law # 155 dated as of October 27th, 2016 (Sections 61-A, … Ler mais

Energy Bills – According to the STJ the Rates TUST and TUSD should not be included in the VAT calculation

The price composition of energy bills includes the Rate for Usage of the Transmission System for Electrical Energy (TUST), if connected to the network of a transmission concessionaire (Furnas, Chesf, etc.) or the Rate for Usage of the Distribution System for Electrical Energy (TUSD), if connected to the network of a distribution concessionaire (Eletropaulo, CPFL, etc.). … Ler mais

Public Traded Companies in Foreign Markets, Investigated for Corruption in Brazil, Can Be Sued in These Jurisdictions by Investors

Since March of 2014, when Brazilian authorities uncovered “Operation Carwash”, dozens of executives and companies have been investigated and found guilty in Brazil, including Brazilian companies with American Depositary Receipts (ADRs) traded in the New York Stock Exchange or Over-the-Counter (OTC) markets in the United States and foreign companies publicly traded in other jurisdictions. Companies … Ler mais

The evolution of funding structures in Brazil: Crowdfunding, Convertible Loan Agreements and Convertible Debentures

In light of evolution of business relations and the “importation” of the American convertible note as a funding mechanism, mainly by early stage tech-companies (statups), new legal structures arose in Brazil and other types of unpopular structures started being used more often, such as the Convertible Loan Agreements and Convertible Debentures. We also noted the … Ler mais

Labor Legal regime applicable to employees hired abroad for providing services in Brazil and digital nomads based in Brazil

Nayara Ferreira Marques da Silva. Labor lawyer at Furriela Advogados. Cristiane Fátima Grano Haik. Labor lawyer at Furriela Advogados. 1.1.      Employees hired abroad to carry out In Brazil activities in Brazil Within the scope of private law, obligations contracted abroad are regulated by the law of the country in wich they were constituted. It is … Ler mais

Can Employers Require Their Employees Get Vaccinated Against Covid-19 In Brazil?

As soon as the news outlets announced the existence of vaccines against Covid-19 and even before the Brazilian Sanitary Surveillance Authority (“ANVISA”) had approved any of them, discussions arose in the Labor Law area with a big question: can the employer demand that their employees get vaccinated? After the approval and availability to the population … Ler mais