Businesses Win when Family Matters: An Incentive for Parental Leave Extension
A win-win situation benefits all parties involved. Typically used to describe financial gains in business or consumer relations, this concept can also apply to an employment relationship where both parties benefit from a shared goal. In Brazilian law, there is an institutional policy that makes it possible to reduce taxation and prolong parental leave duration…
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Quotas for Persons with Disabilities and Employment Contract Termination
Brazil’s Federal Constitution grants legal protection for workers with disabilities and prohibits discrimination of wage and admission criteria on employment opportunities[1].One of the rights granted by Brazil’s legal system for disabled workers is the quota scheme, which, according to a report from the International Labour Organization (ILO), consists in “one of the most frequently used…
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Brazilian Tax Reform – What to Expect
After being discussed for 30 years, the Brazilian Tax Reform was approved in December 2023 by Constitutional Amendment 132/2023. In 2024, complementary laws will be enacted to detail the application of this constitutional amendment. The aim of the reform is to simplify the Brazilian tax system, improve the business environment and boost economic growth. To…
Swedcham’s Legal and Business Committee (LBC) activities in 2nd term of 2023
On October 18th we organized Fintechs: Operations with Direct Credit Societies (SCD) investment fund on credit rights (FIDC). To talk about the topic, we welcomed lawyers Olavo Guarnieri and Amauri de Oliveira, partners at Oliveira Paolucci Advogados, both specialists in Agribusiness, Financial and Capital Markets. At this meeting, we addressed the legal issues (constitution rules…
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Licensing of Know-How
Brazil has recently started to accept licenses for the use of non-patented technology. Until the first half of 2023, the National Institute of Intellectual Property – INPI, public body responsible for registering contracts involving intellectual property, did not allow the licensing of non-patented technology. Only the transfer of non-patented technology was possible, i.e. the company…
Brazil steps up Enforcement of Fines for Breaches of the Data Protection Act
In force since 2021, imposition of fines for violations of the General Data Protection Law – LGPD have been intensified by the National Data Protection Agency – ANPD. Public bodies and private companies are the targets of inspections and fines` impositions. What are the fines for non-compliance with LGPD? Warning; A simple fine of up to…
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Taxation of Investments Abroad by Individuals, Private Investment Companies (PICs) and Trusts” – Bill no. 4.173/2023
Is income taxation in Brazil fair and equitable? For some years now, there has been an intensified discussion of this issue in the country. The debate began by questioning the exemption of dividends, which has been in force since 1996. As a result of this exemption, it has been observed that a significant portion of…
Appointment of Managing Directors with residence abroad for companies with registered office in Brazil
1. Legal basis Law No. 14.195/2021 was passed on August 26, 2021. It aims to simplify and de-bureaucratize the business environment in Brazil and is the result of the transformation of Provisional Measure No. 1.040/2021 into a law. This initiative of the Ministry of Economy, which was proposed with the aim of improving Brazil’s ranking…
Brazilian Transfer Price and OECD Convergence
On March 29th, Swedcham’s Legal and Business Committee held its first 2023 event on the Transfer Prices and OECD Convergence. The speaker was Dr. Roberto Codorniz Leite Pereira. He is a Professor of the Professional Master’s Program in International Taxation and Development of the Brazilian Institute of Tax Law (IBDT). He is a Ph.D. in…
Fiscal Classification Review and OECD Harmonization System
On the 2 nd of June, Swedcham’s Legal and Business Committee together with Belgalux and OAB/SP Brazilian Bar Association International Affairs Committee organized a hybrid webinar on reviewing fiscal classification and harmonization systems. The event was held at the premises of the Swedish Consulate General in São Paulo with keynote speaker Dr. Paulo Ricardo de…
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