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New Law on Endowments
Law No. 13,800/2019, enacted in January, converted into law, with various modifications, Presidential Decree No. 851/18, published shortly after the fire at the National Museum in Rio de Janeiro. The purpose was to regulate endowments and other heritage or philanthropic funds. Among the changes promoted are simplification of the governance of the endowment funds and the expansion of the causes to be supported by them, with the express inclusion of human rights, public safety, and other causes of public interest.
Federal Decree No. 9,571/2018 and the liability of companies for the chain of production
Federal Decree No. 9,571/2018 has been drawing the attention of companies by assuming effective legal rules on liability for the chain of production. The decree stipulates the guidelines on human rights to be adopted by Brazilian and multinational companies of all sizes, in the context of their whole operation.
LGPD: Travel plan for managers
With the adequacy season to the Brazilian Personal Data Protection Law (Law No. 13,709/2018), aka LGPD, opened and reinforced by the creation of the National Data Protection Authority (or ANPD, Presidential Decree No. 869/2018), managers and organizations are being bombarded with risk analysis, recommendations, market solutions, and a multitude of information and cross-cutting discussions that, although relevant, may be of little use or even disrupt them, if they do not have the right mindset and travel plan.
Binding precedents pursuant to the Brazilian Procedure Code and the usefulness of the average vote
The system of precedents established by the Brazilian Procedure Code published in 2015 (CPC/2015) is based on the premise that trials of given instruments will have a binding effect on the Judiciary and that, solely for this reason, decisions that do not follow the understanding of such precedents will be challenged by a special lawsuit named “Reclamação”. Decisions with binding effects resulting from: i) trials held by the Federal Supreme Court (STF) in concentrated control of constitutionality; ii) stare decisis (“súmula vinculante”) issued by STF (here, also binding on the Administration, not just for the Judiciary); iii) trials in incidents for assumption of jurisdiction or resolution of repetitive claims; and iv) trials of extraordinary or special repetitive appeals by the STF or the Superior Court of Justice (STJ), respectively.
ANP presses for advances in the opening of the natural gas market
In a letter sent to Cade, ANP analyzes measures necessary to promote competition in the natural gas market and advocates for the implementation of a gas release program to ensure a smooth transition.
Draft legislative decree seeks to modify Antaq's regulations on FSRUs
A draft legislative decree (PDC) is pending before the National Congress which scope is to eliminate the provision for mandatory registration as “support facilities for water transport” of FSRUs (Floating Storage and Regasification Units – i.e., gas vessels) with Antaq (the National Agency of Waterway Transport).
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