The Secretariat of Foreign Trade of the Ministry of Development, Industry and Trade and Services by means of Circular No. 12, published on 10 April 2023, set a 30-day deadline (extended for additional 30 days by means of Circular No. 14, published on 27 April 2023) to gather contributions from the civil society regarding the draft ordinance that provides for new procedures for the assessment of public interest in the context of trade defense measure.
Under Normative Rule 2,139, labor lawsuits will only need to be reported in the eSocial system starting July 2023. It may be understood that companies will not be required to include all ongoing labor lawsuits but only lawsuits with decisions no longer subject to appeal issued after the new July 2023 deadline, as well as those with impacts on employment obligations or tax, severance fund or social security payments.
Following the ruling issued on 8 June 2022, which determined that collective terminations require union involvement, Brazil’s Supreme Court has published on 25 April 2023 a new decision clarifying that such requirement applies to collective terminations implemented after 14 June 2022. The Supreme Court decision states that “prior union intervention is an essential procedural requirement for the collective termination of workers, which is not to be confused with prior authorization by the union or the signing of a collective agreement”.
On 12 April, Justice Secretary Flavio Dino issued an ordinance that makes it possible to hold digital platforms accountable for the dissemination of content that promotes violence in schools. The document sets forth specific obligations for platforms, such as the immediate removal of certain content after a request from the competent authorities, systemic risk assessment, adoption of measures to prevent the spread of new threats to schools and a policy of active content moderation by application providers. In addition, platforms must prepare reports for the justice secretariat analyzing the risk factors of spreading certain illegal content, and whether recommendation algorithms or other algorithms used by platforms, as well as the content moderation practices adopted, contribute to such risk factors.
Join us for a four-part webinar series as our US moderators welcome colleagues from around the globe to share the latest labor and employment law updates and trends. US-based multinational employers with business operations in Asia Pacific, Europe, the Middle East and Africa, and the Americas regions will hear directly from local practitioners on the major developments they need to know, and come away with practical tips and takeaways to implement.
On 28 March, the Brazilian Secretariat of Foreign Trade, through Ordinance No. 10 dated 27 March 2023, opened a sunset review concerning the antidumping duty in force on Brazilian imports of metallic magnesium from Russia. At the end of the review, the current antidumping duty may have its term extended for another five years.
The Brazilian Secretariat of Foreign Trade issued on 8 March 2023 a new ordinance that renders the assessment of public interest (API) an optional proceeding in original dumping and subsidy investigations. Under the previous regulation, the API was mandatory in such original investigations and thus initiated ex officio by the Brazilian Department of Trade Defense, together with the opening of every new investigation.
On 3 March 2023, Brazil issued two new decrees regarding the organizational structure and attributes of the Foreign Trade Chamber and the Ministry of Development, Industry and Foreign Trade. These are the two main bodies responsible for, among other things, defining Brazil’s foreign trade policies, including the application of trade defense measures.
In episode 4 of the Compliance Podcast of the Caracas office of Baker McKenzie, Jesús Dávila speaks with partner Giovani Tomasoni, Environment and Climate Change attorney of Sao Paulo’s office of Trench Rossi Watanabe, about sustainability matters and the regulation in Brazil.
Baker McKenzie and Trench Rossi Watanabe have executed a strategic cooperation agreement for consulting on foreign law.
Two new regulations were published on 13 February 2023. The regulations, which directly impact the business sector, are the following: (i) Federal Decree No. 11,413/2023, which established three new reverse logistics credit certificates at the federal level: the Reverse Logistics Recycling Credit Certificate, the Certificate of Structuring and Recycling of Packaging in General and the Future Mass Credit Certificate; and (ii) Federal Decree No. 11,414/2023, which reinstituted and reformulated the pro-scavengers program, subject of former Federal Decree No. 7,405/2010, revoked in 2020.