Newsletter - Issue 94

Book launching: Right to Medicine

On December 16, the book Right to Medicine: The Fundamental Right to Health in the Jurisprudence of the Brazilian Supreme Court, written by lawyer Ricardo Barretto de Andrade was released in Brasília. Published by publishing house Lumen Juris and prefaced by Minister Gilmar Mendes, the work examines critically the jurisprudence built by the Brazilian Supreme Court about the duty of the State to provide medicine and proposes a new approach to the understanding of the role of the Judiciary in ensuring access to health treatments. The book is available for purchase at Lumen Juris`website.

CISG and Brazil: new book

The book A CISG e o Brazil (Brazil and the CISG) is already available for pre-order on the websites of Marcial Pons publishers. The book is edited by Ingeborg Schwenzer, Cesar A. Guimarães Pereira e Leandro Tripodi. It contains, among other articles, essays by Cesar A. Guimarães Pereira and Diego Franzoni, and it examines a variety of aspects involved in the application of the CISG (UN Convention on the International Sale of Goods) in Brazil. Learn more about the book and how to purchased it by clicking here.

Collection action not responded and the absence of credits

The absence of response in a collection action implies the automatic formation of a called executive judicial title. This can lead to the unusual situation of an executive judicial title bearing no credits. The lawyer Paulo Osternack Amaral writes about the issue and proposes solutions.

Internationalization of Government Procurement Regulation

On December 15 and 16, Cesar A. Guimarães Pereira and Rafael Wallbach Schwind represented the firm in the discussions held by EUI – European University Institute about the internationalization of the regulations involving government procurement. The event gathered 30 international specialists to analyze a comprehensive program based on presentations about international instruments and models and on national law reports from the various countries represented in the event, including Brazil. The organizers will publish in the near future a book with articles by all the participants. Check out here the report made by the firm in the seminar and the complete program with the list of all the participants and their respective organizations.

Council of Presidency of the CNJ for the diffusion of the uniform jurisprudence

Eduardo Talamini was designated to integrate the Council of the Presidency of the National Council of Justice. The designation came about by order of the Minister President of the CNJ, Ricardo Lewandowski (click here). The Council, composed of five law experts, between lawyers, judges and prosecutors, shall identify and propose mechanisms for a more effective dissemination and knowledge, at the various courts, of the uniform jurisprudence.

Mixed capital companies: private interest and public interest

Current political and economic Brazilian scenario demands special attention to mixed capital companies. The relevance of those companies for Brazil is clear. Since their creation, they aimed at promoting national development in several economic sectors that, until today, still depend on State incentives. Given the ongoing investigations in the management of Petrobras, the study of this formation is essential, especially with focus on corporate private interests of minor shareholders, which must be observed in the administration of the company and therefore cannot be left aside under the pretext of public interest. Check out the article of Mayara Gasparoto Tonin on the subject.

São Paulo
Jardim Botânico
Informativo Eletrônico 157 - Março/2020EFEITOS JURÍDICOS DA CRISE

Os reflexos das patologias decorrentes do COVID-19 e das políticas adotadas para combater a pandemia afetam de modo significativo a atividade administrativa estatal e a iniciativa privada. Isso envolve uma pluralidade de questões no âmbito das contratações administrativas e das relações negociais privadas que já estavam em curso ou que venham a agora a se aperfeiçoar. Interfere também diretamente sobre os procedimentos estatais administrativos e jurisdicionais.
Esta edição do Informativo Eletrônico contém as reflexões produzidas pelos advogados do escritório sobre algumas dessas questões, com a expectativa de contribuir para identificar as soluções mais adequadas a cada caso concreto, com o menor impacto possível aos diversos interesses envolvidos.

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