sexta-feira, 11 de novembro de 2016

The Rich Don't Do Time in Brazil: Understanding Brazilian Impunity (English Edition) - eBooks em Inglês na Amazon.com.br

The Rich Don't Do Time in Brazil: Understanding Brazilian Impunity (English Edition) - eBooks em Inglês na Amazon.com.br:



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I recommend you check this book, written by the Brazilian Attorney at law Marcelo Cunha Araujo, who happens to be a good friend of mine.

It is currently for free on Amazon. 

The official description is:


The book "The Rich Don’t Do Time in Brazil", tries to explain in a clear and objective way what absurdities lie behind Brazilian impunity. How do Brazilian experts in law first create a system which does not punish and then convince new generations of Brazilian lawyers of its validity. The translator, Hal Reames, says that "Marcelo Cunha de Araujo explains the legal underpinnings of Brazil’s cleptocracy like no one else.

segunda-feira, 24 de outubro de 2016

Brazilian Consumer Defense Code

A student from Nebraska wrote me the other day, asking for an English version of the Brazilian laws regarding protection of consumers.

There are a few government sites where this can be found. So I sent him the link below.

Maybe other readers will also find it interesting.

https://www.caxias.rs.gov.br/_uploads/procon/codigo_defesa_consumidor_ingles.pdf


quarta-feira, 5 de outubro de 2016

Superior Court Of Justice (STJ) Waives Brazilian Jurisdiction In International Contract - Corporate/Commercial Law - Brazil

Superior Court Of Justice (STJ) Waives Brazilian Jurisdiction In International Contract - Corporate/Commercial Law - Brazil:





Brazil: Superior Court Of Justice (STJ) Waives Brazilian Jurisdiction In International Contract

The Fourth Chamber of Superior Court of Justice (STJ) decided unanimously to waive the Brazilian jurisdiction in the event of contractors having previously elected to settle contractual issues in another country.
In the 90's, the relation between a foreign subsidiary of a Brazilian oil company and another Brazilian company specialized in engineering services in the oil and gas industry executed contractual agreements concerning the conversion of several rigs.
During the development of the contractual relation, companies had disputes, which resulted in lawsuits proposed in London (UK), since that was the contractually elected jurisdiction (through jurisdiction clause) to settle any dispute arising from the contracts.
After being defeated in London (UK), the engineering company proposed a declaratory action in Brazil requiring the upholding of credits claimed based in the contracts. Moreover, requested an in limine order seeking the suspension of the enforceability on credits previously recognized by the Justice in London, as well as the refrain by the subsidiary company of any coercive measures, in Brazil or abroad, aimed to ensure the credits in dispute which was granted by the trial court judge.
The subsidiary company then filed an interlocutory appeal, which was granted by the Rio de Janeiro's State Court of Appeals (TJ-RJ), in order to dismiss the lawsuit due to lack of Brazilian jurisdiction.
Dissatisfied with the court decision, the engineering company filed a special appeal to the Brazilian Superior Court of Justice (STJ) [Special Appeal number 1.090.720 – RJ (2008/0209397-3)], which unanimously rejected by the Court.
In the trial session, the Superior Court of Justice's Fourth Chamber recognized the existence of "concurrent jurisdiction" in the dispute (as per the terms of article 88, line I of the 1973's Brazilian Code of Civil Procedure), but also understood that the companies abdicated from the Brazilian jurisdiction by participating in the lawsuit filed in London (UK), being clear and definitive the intention to litigate in London (UK).
It was also highlighted that the engineering company could not intent to seek the Brazilian Justice for its own convenience because of its defeat in the London Court, solely under the argument of existence of "concurrent jurisdiction", since the principles of good faith in contractual relationships and jurisdictional security must be respected also in the international level. Thereby, the Superior Court of Justice's judges decided to sustain the dismissal of the lawsuit due to lack of Brazilian jurisdiction.
The court decision also highlighted that the 2015's Code of Civil Procedure honors the private initiative and the good faith principle, determining in its article 25 that "the Brazilian judicial authority is not competent for the processing and judgment of a lawsuit when there is a exclusive jurisdiction clause resulting from an international contract, which must be brought out by the defendant in the defence".
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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quinta-feira, 22 de setembro de 2016

Exporting old electronics to Brazil

Exchange of messages with a reader, published with his approval. 


Dear Adler,

I came across your blog and it is so informative but I still have something to ask you as I cannot find the info.

I want to find out what is involved with shipping broken and/or used electronics from the US (old iPhones, android phones, electronic musical instruments, etc.). 

Our plan is having them fixed/refurbished in Brazil and then wholesaling those to retailers and/or selling them directly via the retail market. 

I am also interested in finding out what the tax rates are for this and also how long it takes things to go through customs.

Best regards,

Reader

-------------------------------------

Dear Reader,
Thanks for reading the blog.

Your plan is very hard to do, because importation of used good and/or trash is mostly prohibited in Brazil. You might try to import the equipment as parts, but they would have to be disassembled. 

Paraguay has less strict regulations. You might try to executed the plan there and sell to Brazil.

Please let me know if you would like further information about it.

May I post your questions in the blog, without mentioning your name?

Regards,
Adler 
--------------------

Dear Adler,

Thanks for quick response.  You may publish the questions in your blog.

I have few more questions and hope you can help me out:

If we need to establish this business in Paraguay, will you be helping us or do you have some one that can help us establishing the company, and other things?

Do you have any idea on total taxing rates? US to Paraguay and then to Brazil particularly for refurbished consumer electronic goods?

And also I am interested on knowing what will be the process involved in importing new consumer electronics into Brazil from US like restrictions, reporting requirements, licenses, taxes, tariffs, etc and how long it takes things to go through customs


Reader

------------------

Dear Reader, 

I know some excellent law firms in Paraguay. They will be able to help you with taxes there.

Import taxes in Brazil are calculated based on the HS codes for the goods. They are usually very high, about 80% of the CIF value.  

Please see the specific post about it in this blog: http://brazilianlawblog.blogspot.com.br/2012/11/brazilian-import-costs.html


I will also introduce you to some good customs brokers.

Let`s keep in touch.

Adler


quarta-feira, 14 de setembro de 2016

Federal Program of Partnership in Investments

The new president has sponsored a Law that creates the Program of Partnership in Investments.



From what I see, it is no more than a reorganization of the process for granting subsidized loans and organizing public bidding for infrastructure.



However simple it may seem under a legal perspective, it is undoubtedly a clear sign for investors. The new government what things to move on, and the GDP to turn upwards.



The link for the text is here:    L13334:



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