Newsletter - Issue 43

The possibility of transfer of the economic cost of PIS and COFINS to telephone user fees: a question solved by the Superior Court of Justice

Under the system of repetitive special appeal, the Superior Court of Justice recognized the legitimacy of the transfer of the economic cost of PIS (Social Integration Program) and COFINS (Contribution to Social Security Financing) to telephone user fees. The decision will probably be extended to other lawsuits dealing with the same subject matter. Justen, Pereira, Oliveira & Talamini represents the carriers in various class actions and individual lawsuits that deal with the issue, since this controversy arose in the early 2000. In addition, Marçal Justen Filho provided specific legal opinion to the trial. Read more about this in the brief note written by Eduardo Talamini and Aline Lícia Klein.

Withdrawal of repetitive special appeal: the understanding of the Superior Court of Justice

Despite being expressly provided forrnin the Code of Civil Procedure, the right to withdrawal of repetitive appealrninvolves restrictions. A peculiar case involves the withdrawal of the repetitivernspecial appeal selected to represent the controversy within the Superior Courtrnof Justice. Read more about it in the article by Rodrigo Goulart de FreitasrnPombo.

State planning and legal certainty: the policy of setting minimum prices in agriculture

In a recent decision (MS-15.417-DF),rnJustice Benjamin Herman of the Superior Court of Justice dismissed thernwrit of mandamus filed by the Federation of Agriculture of the State of Paran�rn(FAEP), which challenged the validity of the ordinance of the Ministry ofrnAgriculture, Livestock and Supply fixing the minimum prices for wheat crop inrnthe period from 2010 to 2011. The decision calls for some relevant reflectionsrnon the activity of state planning. Read the article written by Andr� GuskowrnCardoso.

Administrative Law – 6th Edition

rnrnEditora F�rum promoted the release of the sixth edition of the Course of Administrative Law, written by Mar�al Justen Filho, during the XXIV Brazilian Congress of Administrative Law (Belo Horizonte, September 2010). First published in 2005, the book presents the administrative law in the perspective of supremacy and unavailability of fundamental rights. The new edition has been revised and expanded in view of recent legislative and jurisprudential innovations. See the book release here.rnrnrn

Infrastructure Law of Brazil – Essays and translated statutes

rnrnJusten, Pereira, Oliveira & Talamini will launch the book Infrastructure Law of Brazil in October, published by Editora F�rum. The book is edited by Mar�al Justen Filho and Cesar A. Guimar�es Pereira. It contains several articles in English about a variety of issues involving regulation, public procurement, government contracts, concessions of public services, PPPs and arbitration. It also offers bilingual versions of the most relevant Brazilian statutes. Read the list of contents here.rn

Independent Regulatory Agencies and Judicial Review

Independent regulatory agencies�€™ autonomy requires the creation of equivalent control mechanisms. The judicial review of the agencies�€™ activities is both possible and necessary. However, it must not become a direct interference over their actions, or else this control risks losing its proper nature. For more on the subject, read Alexandre Wagner Nester�€™s paper, which is part of a larger essay to be published in October by Editora Fórum in the book Infrastructure Law of Brazil.

São Paulo
Jardim Botânico