On August 14th, 2018, the General Data Protection Regulation (GDPR) was sanctioned – Law No. 13.709 -, and it will come into effect in August 2020. Its main objective is the transparency regarding personal data usage, that is, guaranteeing more control and privacy of the legal and natural persons´ personal data. Also, the law creates [...]
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The Service Level Agreement started to be adopted in Technology Information contracts (T.I,), and it is also object of the ABNT Regulation (ISO/IEC 20000-1:2011). But its importance is not restricted to this category of contracts, once it is a way to measure the service provision and follow it up, providing the contractors with more efficient [...]
The recognition of moral damage is given when the so-called “personality rights” of an individual is damaged and it directly hits the dignity of the human being in their intimacy, honor, reputation and feelings of affection. As a general rule, in order to configure moral damage, the following is necessary: the offending action, the damage [...]
Nowadays, if a person doesn´t have a social media profile, they don´t exist in real world, let alone a company that is not connected with its costumers via Facebook, Twitter or Instagram. It´s a fact that the more interactive and attractive a business social media is, the more it can attract not only costumers but [...]
Last June 26th the Federal Senate approved in a two-round voting a bill known as the anti-corruption package. The project brought some main innovations such as: a definition for the electoral slush fund crime, with penalty that goes from 2 to 5 years, which happens when the candidate doesn´t declare to the Justice the donations [...]
Law 13.429/17 (from March 31st, 2017) started to discipline temporary work and outsourcing, changing the rules related to outsourcing, allowing from now on hiring employees to carry out core activities – an action that was previously forbidden by Pronouncement 331 from the Superior Labor Court. That will enable the creation of more jobs due to [...]
The Labor Reform, ruled by Law N° 13.467/17, brought among its many alterations in the CLT (Consolidation of Labor Laws) substantial modifications regarding the rules for conviction and calculation of moral damage or off-balance sheet damage, conceptualized as any offense to rights and intangible assets that affect the personality, the morality or the human being´s [...]
On the promulgation of Law 12.846, from August 1st, 2013, ruled by Decree 8.420, from March 18th, 2015, Brazil now has its own anti-corruption legislation, in which the companies have objective civil and administrative liability for actions specified by law, practiced in their own interest or benefit, though not exclusively. Worth to mention, that´s true [...]
THE DISREGARD OF THE LEGAL PERSONALITY AND THE CHANGES PRODUCED BY THE PROVISIONAL MEASURE MP 881/19admin 2019-06-17T11:51:07+00:00
With the advent of the provisional measure MP 881/19, there will be some changes concerning the disregard of the legal personality because, as previously stated by the Brazilian Civil Code in its article 50, that was possible in case of abuse of the legal personality, characterized by a deviation of purpose or commingling of assets. [...]
The Third Chamber of the Superior Court of Justice (STJ) has decided via a Special Appeal - RESP nº 1.759.364/RS – that it´s possible to include future installments of a non-complied consecutive obligation during the enforcement action of an extrajudicial title until the full compliance of the obligation in the action. The decision was originated [...]