Newsletter - Issue 131

Institutional dialogs and a real possibility in Appeal to the Supreme Court 635,659

Lawyer Miguel Godoy and co-author Supreme Court (STF) Minister Luiz Edson Fachin have published an article entitled “Institutional Dialogues and a real possibility in Appeal to the Supreme Court 635,659”. The article is part of the book called “The Constitution between Law and Politics: the future of the Institutions” (LMJ, 2018), in honor of USP’s [University of Sao Paulo] Professor (Retired) José Afonso da Silva. The work consists of unpublished and original articles of several jurists, among Ministers, lawyers and teachers and was organized by the Comissão Nacional de Estudos Constitucionais do Conselho Federal da OAB [National Commission for Constitutional Studies by the Federal Council of the Brazilian Bar Association (OAB)].

Application of fines by CADE [Brazil’s Administrative Council for Economic Defense] on cartels

This month, lawyer Doshin Watanabe gave an interview to the PaRR Global (Acuris Company), an international news and articles vehicle specialized in antitrust and regulatory issues, regarding fines imposed by CADE [Brazil’s Administrative Council for Economic Defense] on cartels. The subject was discussed in an article published in Revista de Defesa da Concorrência [Journal of Competition Defense], volume 5th, number 1 of 2017 (click here). In this article, the author analyzed the interpretation of the legal criteria for fine calculations in CADE’s convictions and the calculation method of the cash contribution in cases where Termos de Compromisso de Cessação [Termination Commitment Terms] were settled with those investigated. These reviews were published in two articles entitled “CADE tribunal remains split on cartel fine calculations” (01/02/18) e “CADE tribunal minority on cartel fine method differ on benefits-gained calculation” (01/05/18), accessible to subscribers of Global PaRR.

The burden of proof of local holiday in the act of filing an appeal

A recent ruling of the STJ [Superior Court of Justice] contradicts the discipline of the CPC/15 [Brazilian Code of Civil Procedure]. The STJ denied the opportunity to suppress the lack of proof of local holiday at the time of the filing of an appeal. Check Felipe Scripes Wladeck’s brief article about the matter.

The golden shares in Brazilian Law

Golden shares, also known as “special class shares”, have been the subject of constant news recently, regarding the privatization of Eletrobras and a possible corporate action involving Embraer and Boeing. In this article, Rafael Wallbach Schwind writes about the history of the use of the golden shares and summarizes some critical considerations about the mechanism, which was the object of a specific study by the author.

The regulation of gambling – bill PLS 186/2014 of the Brazilian Senate

The bill PLS 186/2014, which seeks to legalize gambling in Brazil, is about to be voted by the Senate’s CCJ [Constitution, Justice and Citizenship Committee]. Check out the opinion by Fernão Justen de Oliveira and Ricardo de Paula Feijó on the subject.

Agribusiness and bottlenecks in logistics (JOTA)

In December, Alexander Wagner Nester and Ricardo de Paula Feijó published at JOTA an article about agribusiness and its bottlenecks in logistics. The text draws attention to the need for a joint solution between the Government and the private sector to solve the impasses that prevent further development of this important sector in Brazil. The full article can be viewed at JOTA’s website.

São Paulo
Jardim Botânico