DLA Piper

And expectations  for the future. By Campos Mello Advogados in cooperation with DLA Piper The pharmaceutical industry grappled with significant challenges in 2022 and 2023, including post-pandemic market corrections and macroeconomic pressures, resulting in one of its worst performances in decades. Capital raising became arduous, impacting transactional activity across the board. As we enter 2024, […]

Approved by Brazilian parliament   Written by Marcella Hill, Jaqueline Suryan and Mariana Jardim, Campos Mello Advogados in cooperation with DLA Piper The long-anticipated Brazilian Insurance Law, initially introduced as Bill No. 3,555/2004 in the House of Representatives and later amended by the Federal Senate as Bill No. 29/2017, has now been approved under Bill No. […]

Written by: Campos Mello Advogados, in cooperation with DLA Piper. On September 11th, , the First Section of the Superior Court of Justice (“Superior Tribunal de Justiça – STJ”) concluded the judgment of Theme 1,226, ruling that the Stock Option Plans (“SOP”) offered by companies to their executives and employees are of a mercantile nature, subject to Individual Income […]

The role of resilient infrastructure in disaster prevention.   By Diego Fernandes and Carolina Pazzoti, Campos Mello Advogados in cooperation with DLA Piper   Recent climate events in Rio Grande do Sul have exposed the serious impacts that the advance of climate change can bring, with human losses and significant material damage. Although this event is alarming, […]

National Data Protection Authority regulates the international transfer of personal data in Brazil (Resolution No. 19).   by Campos Mello, in cooperation with DLA Piper   On August 23, 2024, the National Data Protection Authority (“ANPD”) published the Resolution no. 19, which approved the Regulation on International Data Transfer, which establishes the procedures and rules for […]

With Regulation 2023/1115 (Deforestation) and discusses postponing the entry into force of the regulation. by Campos Mello Advogados, in cooperation with DLA Piper In May 2023, the Council of the European Union (“EU”) approved Regulation No. 2023/1115, which now regulates specific rules aimed at prohibiting the introduction into the EU market of certain commodity products […]

Campos Mello Advogados, in cooperation with DLA Piper.   On September 11th, , the First Section of the Superior Court of Justice (“Superior Tribunal de Justiça – STJ”) concluded the judgment of Theme 1,226, ruling that the Stock Option Plans (“SOP”) offered by companies to their executives and employees are of a mercantile nature, subject to Individual Income Tax (“IRPF”) […]

Professional Council X Legislative Power – who should regulate the relationship between doctors and the health industry?   CFM Resolution 2,386/2024 aims to regulate the relationship between doctors and the healthcare industry, prioritizing a transparent and trustworthy bond, but faces questions about its legality and practical application.     On August 21, 2024, the Federal Council of […]

On August 23, 2024, the National Data Protection Authority (“ANPD”) published the Resolution no. 19, which approved the Regulation on International Data Transfer, which establishes the procedures and rules for international data transfer operations and the content of standard contractual clauses, as provided for in the Brazilian General Data Protection Law (Federal Law No. 13,709/2018 […]

Collaboration between Anvisa and EMA strengthens the safety, accessibility and efficiency of medical treatments, highlighting the importance of regulatory harmonization and the commitment to global public health. In an era marked by global interconnection, the convergence of health regulatory schemes between Brazil and Europe emerges as a beacon of collaboration and sharing of expertise. The […]

Agreements signed by Brazil’s federal oil company Petrobras and antitrust regulator Cade last week could lead to the reopening of administrative proceedings that gave rise to the cease and desist agreements (TCCs) originally signed between the firm and the agency. The contract amendments, which put an end to Petrobras’ remaining divestment commitments, could also pave […]

Overview of the law and enforcement regime relating to cartels Legal framework The regulation and enforcement of cartel violations are governed by a comprehensive legal framework in Brazil that encompasses several liabilities, such as administrative, civil and criminal: • Brazilian Competition Law (Law No 12,529/2011): identifies cartels as violations of the economic order. This law […]

Recently, on April 30th, 2024, the Brazilian Health Regulatory Agency, Anvisa, took a significant step forward during its 7th Public Ordinary Meeting of the Collegiate Board. It approved the commencement of a Public Consultation (CP) for the revision of Collegiate Board Resolution (RDC) No 9/2015, which pertains to the conduct of clinical trials aimed at […]

The pharmaceutical industry grappled with significant challenges in 2022 and 2023, including post-pandemic market corrections and macroeconomic pressures, resulting in one of its worst performances in decades. Capital raising became arduous, impacting transactional activity across the board. As we enter 2024, the industry faces unprecedented challenges amidst high market volatility driven by capital dynamics, geopolitical […]

The 8th volume of Energy inSight presents a detailed overview of the latest news, initiatives, and regulations in Brazil’s energy sector. This edition focuses on the proposals that have marked the sector and fostered various discussions among the sector’s agents and competent bodies in the last quarter of 2023. Given the relevance and impact of […]

Brazil’s Federal Law 12,846/2013, which celebrated its tenth anniversary in August 2023, came to be during a turbulent period in the country, when citizens demanded more transparency from the government and effective prosecution of crimes involving corporations and businessmen. The law introduced several new enforcement mechanisms, among them the possibility of its enforcement by federal, […]

Brazil’s Federal Law 12,846/2013, which celebrated its tenth anniversary in August 2023, came to be during a turbulent period in the country, when citizens demanded more transparency from the government and effective prosecution of crimes involving corporations and businessmen. The law introduced several new enforcement mechanisms, among them the possibility of its enforcement by federal, […]

Transactional The years 2022 and 2023 presented significant challenges for the industry, with a post-pandemic market correction and macroeconomic pressures resulting in one of the worst performances in decades. Depreciations made capital raising difficult for both private and publicly traded companies, reflecting in the transactional landscape of 2023. As we enter 2024, the pharmaceutical industry […]

Constitutional Amendment In light of the final approval of Constitutional Amendment 132 by Congress, we have a definitive picture of the framework of the reform and now the Federal government must submit the legislative bills which will fully regulate the newly created taxes. IS • Applicable over the production, commercialization and importation of goods and […]

Interview with Bruna B. Rocha – In Vivo Citeline Commercial Nations in Latin America and the Caribbean have officially initiated discussions on establishing a new regulatory body for medicines and medical devices in the region. This endeavor holds the promise of advantages for both companies and patients, such as alleviating regulatory complexities, facilitating market access, […]

The European Union’s (“EU”) Carbon Border Adjustment Mechanism (“CBAM”) came into effect on October 1, 2023, marking a significant milestone in the EU’s approach to addressing climate change and reducing global Greenhouse Gas Emissions (“GHG”). Created by Regulation EU No. 2023/956 of the European Parliament and the Council (“Regulation”), the CBAM’s primary objective is to […]

Approved by the Environment Committee of the Federal Senate at the beginning of October (10/04), Bill No. 412/2022 (“Bill”) establishes the Brazilian Greenhouse Gas Emissions Trading System (“SBCE”). The Bill has reached the Chamber of Deputies, where it has been appended to a series of other bills with similar themes that shall be submitted for […]

As another way to encourage equity actions between men and women in the workplace, on 20/09/2023, Law 14,682/2023 was published, which creates the ‘Woman Friendly Company’ seal, with the purpose of identifying societies businesswomen who adopt practices aimed at the professional inclusion of women victims of domestic and family violence. According to art. 2 of the […]

The STF, when judging the Extraordinary Appeal submitted to the General Repercussion, consolidated its jurisprudence regarding the impossibility of administrative restitution of the undue amount recognized by the court, requiring that the payment due by the Public Treasury as a result of a judicial decision occurs through a court order or request for a small […]

On September 14th, President Luiz Inácio Lula da Silva and other government members formalized the signing of the  Bill for the Future Fuel Program (“Bill“), which shall now proceed to the initial legislative process in the Chamber of Deputies. The Bill addresses a variety of converging questions, all aimed at decarbonizing the transportation energy matrix, […]

The Bill of Law 1,425/2022 (“Bill”) was approved this Wednesday, August 30, by the Brazilian Federal Senate. Authored by Jean Paul Prates, former senator and current Chief Executive Officer of Petrobras, the Bill proposes a regulatory framework for Carbon Capture and Storage (“CCS”) activities in Brazil, with the following highlights:  Grant of Exploration of Geological Reservoirs: The Bill stipulates that permanent CCS activities can only be carried out with a Qualified Grant […]

Currently it is widely known that the Latin American markets operate with their respective regulatory health bodies, varying from having dedicated agencies in some nations to entrusting responsibilities like drug approval and post-marketing surveillance to their health ministries in others. The Pan American Health Organization (“PAHO”) extends technical assistance and collaboration to these regulatory authorities, […]

The Bill of Law 1,425/2022 (“Bill”) was approved this Wednesday, August 30, by the Brazilian Federal Senate. Authored by Jean Paul Prates, former senator and current Chief Executive Officer of Petrobras, the Bill proposes a regulatory framework for Carbon Capture and Storage (“CCS”) activities in Brazil, with the following highlights:  Grant of Exploration of Geological Reservoirs: The Bill stipulates that permanent CCS activities can only be carried out with a Qualified Grant […]

Pursuant to Law N. 14,286 of December 29, 2021, and Resolutions Nos. 278 and 281 of December 31, 2022, issued by the Brazilian Central Bank (“BCB”), Brazilian entities with direct equity interest of non-residents in their capital stock must provide certain periodical statements to the BCB. Accordingly, companies that have assets in an amount equal to or […]

The Provisional Measure (MP) No. 1,171, published on April 30, 2023, brought new tax rules for individuals who are tax residents in Brazil earning foreign income, among other provisions. To whom it applies: Individuals who are tax residents in Brazil Effective as of:  January 1st, 2024 What types of foreign income:  Income from capital invested […]

The constant review of rules and regulations in the power sector is essential to bring legal certainty to the industry. The 6th volume of the Energy InSight brings together the main proposals and improvements to Brazilian regulation that deserve to be highlighted this quarter, as well as the discussions that should guide the sector over […]

1. PPP Complexo Hospitalar Souza Aguiar– Rio de Janeiro Resumo do projeto: A Parceria Público-privada (PPP) tem como objetivo a exploração e modernização do Complexo Hospitalar Souza Aguiar, no centro da capital fluminense, com previsão de investimentos na casa de R$ 850 milhões. O chamamento público garante 30 anos de contrato com a ganhadora, que […]

Brazil, the largest economy in South America, has taken a significant step in its tax policy. Brazil has enacted a law (Law 14,596/23) that transitions the country towards the Arm’s Length Principle (ALP). This change underscores Brazil’s commitment to aligning its taxation policies to global standards. While this development is promising for the national economy, […]

Our philosophy for providing services to our clients can best be described as a partnership. We strive to provide our clients with a solutions-oriented approach to address their current and future legal needs. Specifically, we analyze each project from a risk and cost-benefit standpoint. We also advise our clients of current best practices and keep […]

As business grows more global, the challenge for in-house counsel and HR professionals responsible for workforce issues and employment law compliance is intensifying. This guide is designed to meet that challenge head on and has been produced in response to feedback from clients in both established and emerging international businesses. We hope it will become […]

Sociedades Limitadas are regulated by Law 10,406/02 (Brazilian Civil Code) and residually, whenever set forth in their articles of organization, by Law 6,404/76, as amended, which regulates Brazilian corporations. A Sociedade Limitada is simple to incorporate and operate as very few formalities are required for its organization and management. The Sociedade Limitada is managed by […]

Published on April 30, 2023, Provisional Measure No. 1.171 brought several new tax rules for residents in Brazil who earn foreign income. This foreign income will be subject to taxation under the Individual Income Tax (IRPF) and must be reported in the Annual Adjustment Return (DAA). In addition to the general rule, which establishes a […]

A Few Notes about Sustainability and Taxes in Brazil Introduction One of the world’s top priorities nowadays is the sustainability agenda due to climate change. The conditions on Earth have been changing rapidly and drastically as a harmful effect of the global warming caused by the emission of Greenhouse Gases (“GHG”) in the atmosphere. Droughts, […]

The beginning of this year has been marked by a turmoil in the international financial market. First, with the failure of Silicon Valley Bank in the US followed by the acceleration of the recurrent problems faced by Credit Suisse in Europe. Earlier in March, a decision was taken to write off the perpetual debt of […]

With the municipalities putting pressure on the Federal Government and Congress, the President of the Republic published Provisional Measure No. 1,167 on March 31, in order to extend the new law’s effectiveness until December 31. The new Administrative Procurement and Contracts Law (Law n.º 14.133/2021) was published two years ago and should have entered into […]

“Guida agli Affari in Brasile”, (original), prepared by the Embassy of Italy in Brasília, addresses investment opportunities in the country, the map of opportunities, demographics and strategies for entering the Brazilian market . Labour Law partner, Juliana Nunes, is the author of the chapter “Overview of labor laws” (“Panoramica delle leggi del lavoro”), in which […]

Observers in Brazil are paying close attention to the approaches the country is taking to address SESG – Sustainability and Environmental, Social and Governance – issues, the broad term for factors used to evaluate a business’ collective conscientiousness about social and environmental factors. SESG factors embrace climate impacts as well as concerns around diversity, inclusion, communities (and […]

Prepared by our Energy and Natural Resources team. The newsletter also addresses topics such as the regulation of Distributed Generation, the discussions about the Evaluation of Environmental Attributes of Renewable Sources, the creation of a National Green Hydrogen Program, and the Market Opening in the Electricity Sector, among so many other hot topics of 2022: […]

Sanctioned law guaranteeing the free supply of medical cannabis in São Paulo Last Tuesday (31), the law ( Law n° 17.618/23 ) was sanctioned, which authorizes the free distribution of cannabidiol-based medicines in the public health network of the state of São Paulo – that is, by health units public state and private affiliated to the Unified […]

The 2nd Court of Monte Mor (São Paulo) granted an injunction in a writ of mandamus to remove the requirement for a certificate of fiscal regularity for the registration of the deed of purchase and sale of real estate, formulated by the Notary of Notes and Protests of Letters and Titles of Monte Mor . […]

Signed on February 2, 1971, the Convention on Wetlands of International Importance, especially as Habitat for Waterfowl, known as the “Ramsar Convention” (“Convention”), recognizes that wetlands are sources of biodiversity and a resource of great value economic, cultural and recreational, whose loss is considered irreparable. The Convention establishes the need for their protection, mainly due to […]

During the World Economic Forum 2023 in Davos, specialists engaged in the health theme unanimously indicated that “the past three years of the Covid-19 pandemic have exposed vulnerabilities in healthcare systems around the world and highlighted the dangers of inequalities in care – not only creating global health risks, but also causing knock-on effects on […]

With the technology evolution and new trends of the post-pandemic work culture, it is increasingly common to see people moving abroad to work remotely. Here are some of the main considerations in case (1) a person residing in Brazil moves abroad or (2) a foreign individual intends to work in Brazil remotely and on a temporary […]

On 29 November 2022, Brazil and the UK signed a long-awaited Double Taxation Agreement (DTA). While the DTA will not enter into force until completion of the relevant legislative procedures required by Brazilian and UK law, which in Brazil requires the DTA to be approved by Congress and signed by the President, its implications are […]

On October 26, 2023, Normative Ordinance MF No. 1,330 (“PN No. 1,330”) was published by the Brazilian Ministry of Finance, which provides for the general conditions for the commercial operation of the lottery modality of fixed-odds betting in the national territory, under the terms of Law No. 13,756, of December 12, 2018 (“Law No. 13,756”), […]

Our Energy and Natural Resources team presents Issue No. 7 of the ENERGY InSIGHT Newsletter, focusing on key regulatory developments in the Brazilian energy sector. Highlights include proposed regulations for the Carbon Market, ANEEL’s Public Consultation on retail trading simplification, and changes in the power sector addressing Tariffs for the Use of Transmission and Distribution […]

Gafisa makes an offer for the acquisition of Construtora São José, but negotiations are unsuccessful In May of this year, the company Gafisa was in the final stages of negotiations to acquire one of the best known high-income developers in São Paulo, Construtora São José (“ São José ”), aiming to reach its select portfolio of clients, […]

The State Grid Corporation (the “State Grid”), the largest electricity concessionaire in the world and owner of CPFL Energia, purchased a building with 54 apartments in the Rio de Janeiro neighborhood of Leblon, with an estimated Potential Sales Value of more than BRL 200 million reais. The building is strategically located between the beach and the […]