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The control of legality of judicial reorganization plans
One of the biggest controversies under the Company Judicial Reorganization Act (LRE) is the limit on the Judiciary's role in controlling the legality of the judicial reorganization plan. Recently, this discussion has gained another chapter. In deciding Special Appeal No. 1.630.932/SP, filed by a São Paulo company in judicial reorganization, the Superior Court of Justice (STJ) ruled that the Referential Rate (TR) is valid as a criterion for correction of bankruptcy claims, if so approved by the creditors.
Government studies possible changes to infrastructure debentures legislation
Created by Law No. 12,431/11 to promote the participation of private investment in financing the infrastructure sector in Brazil, infrastructure debentures have been gaining ever more force since 2016, with the reduction of the participation of the National Development Bank (BNDES) in the financing of new projects and the stabilization of Brazilian macroeconomic conditions.
Bill 1,646/19: Fight against delinquent debtors and collection of outstanding debt
With the main objective of combating delinquent debtors and strengthening the collection of outstanding debt within the federal tax administration, the Ministry of Economy presented to the Chamber of Deputies, in March, Bill No. 1,646/19. Some aspects of the text deserve special attention, such as the extrajudicial procedures applicable to delinquent debtors, defined in the Bill as “taxpayers whose tax behavior is characterized by substantial and repeated tax delinquency.”
Settlement of letters of guarantee or performance bonds in tax foreclosures
There are two main forms of defense in tax foreclosures: the pre-foreclosure  exception and the motion to stay enforcement. The first is presented in the record, without the need to guarantee the tax debt under debate, that is to say, it is less costly for the taxpayer. However, its scope is limited to situations that do not require production of evidence or where the issues may be heard by the judge ex officio, pursuant to Precedent No. 393 of the Superior Court of Appeals (STJ).
Interface between the new Clean Record Law and the General Data Protection Law
The Central Bank and the National Monetary Council (CMN) approved the missing rules[1] in order to regulate the Clean Record Law (Law No. 12,414/11), the wording of which was amended by Supplementary Law No. 166/19. Despite the regulations, there are still doubts about the implications of these laws for the privacy and security of personal data of Brazilian citizens, a topic that requires special attention because of the General Data Protection Law (LGPD). The interface between the Clean Record Law and the LGPD, considering its convergent and divergent aspects, is analyzed in this article.
Challenges protecting investors in technology companies
It is undeniable that technology is increasingly becoming a part of our routine. Who would have said ten years ago that we would pay our bills, invest, hail a cab, or shop with just a tap on a smartphone? These habits are so commonplace today that the next novelty is no longer greeted as a big surprise.
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