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NEWSLETTER: Beginning of the Applicability Of LGDP’s Administrative Penalties

The administrative penalties provided by the Brazilian General Data Protection Law -LGPD, regarding the sanctions to data agents that fail to comply with the LGPD, have entered into effect on August 1st, 2021.   Although the LGPD is in effect since September 2020, articles 52, 53 and 54, providing specifically about the administrative penalties for LGPD’s infractions only now entered into effect. The administrative sanctions that might be applied are:   (i) warning, with an indication of the time period for adopting corrective measures; (ii) disclosure and publicization of the infraction; (iii) deletion of the personal data to which the

NEWSLETTER: Beginning of the Deadline to Submit the Five-Year Census of Foreign Capital in Brazil

The deadline for the submission of the Five-Year Census Statement on Foreign Capitals in Brazil (“Statement”) to the Brazilian Central Bank (BCB), pertaining to the reference date of December 31, 2020, begun in July 1st, 2021. The submission of the Statement is mandatory for those that, on the reference date of December 31, 2020, are: (i) Legal entities headquartered in Brazil, with direct foreign (non-resident) investment in their capital stock, regardless of the amount; (ii) Investment funds with foreign (non-resident) shareholders, thereof represented by their managers; and (iii) Legal entities headquartered in the country, with total debit balance of short-term

LEGAL UPDATE OF COMPETITION LAW: 147th and 148th judgement session

The Administrative Council of Economic Defense (“CADE”) held on October 16 and 30, 2019 its 147th and 148th trials. Those were the first trials conducted by the newly inducted Commissioners Sergio Ravagnani, Lenisa Prado and Luiz Hofmann. ​We highlight two cases decided on the period. ​ 1. The charging of a “safety fee” on customs storage market. ​Investigation No. 08700.005418/2017-84 ​Defendant: Tecon Suape S.A. ​Reporting Commissioner: Paulo Burnier da Silveira ​ The claim is related to an alleged abuse of dominant position by the Defendant, a Terminal Operator in the Port of SUAPE, Pernambuco, and provides services, as a monopolist, on

A new course for judicial recovery and rural credit market in Brazil

On November 5, 2019 the Brazilian Superior Court of Justice (“STJ”) decided a case that not only outlined rural producers’ judicial recovery, but also the course of credit market in the segment. The decision of Justice Luis Felipe Salomão solved the case after split decision between Justice Marco Buzzi and Justice Raul Araújo of the 4th Group. STJ’s final decision in the case (Recurso Especial No. 1,800,032/MT) was that credits originated before rural producers’ due registry in the Commercial Registry are subjected to the judicial recovery procedure. ​ Rural producers’ judicial recovery is a source of debate in the legal

New provisions to attract foreign investment in airlines companies in Brazil

The Brazilian President has decided to issue a Provisional Measure No. 863/2018 (“MP”) to modify some important provisions of the Brazilian Aeronautical Code (“CBA”). The MP was published in the Brazilian Official Gazette on December 13, 2018, with immediate effects. It implements substantial changes to the national aviation market, as it allows up to 100% of foreign shareholding in Brazilian airlines companies. ​ According to the new wording of CBA’s article 181, airline services will be performed by airlines companies duly incorporated in Brazil, with headquarters and administration in the country, through concession or authorization. Paragraphs and items of this

New federal law allows sports bets in Brazil

Brazil has enacted a law about sports betting, which was published on December 13, 2018. Sport bets were already present in Brazilians routine, gaining prominence in the FIFA World Cup and football championships. However, this presence was considered marginal in the national territory, since it was not regulated and collided with the image of gambling, which is illegal since Decree Law No. 9,215/1946. Therefore, sports betting has the potential to consolidate as a relevant – and lawful – practice in Brazil. ​ Sports betting is a multi-billion-dollar market around the globe. The new flexible Brazilian law is aligned with the

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