For the occasion of the 3rd meeting of the Intergovernmental Group of Experts on Consumer Law and Policy, the Brazilian Minister of Justice, Mr. Torquato Jardim addressed the importance of international cooperation to protect consumers. Mr. Jardim also referred to the importance of protecting consumers internationally mentioning the project of an International Convention at the Hague Conference on Private International Law and the theme of product safety.
In 2015, the central government of the People’s Republic of China transferred administrative powers with regards to a maritime area of 85 square kilometres. The exercise of these powers by the Macau SAR government involves some issues of international law, including sovereignty of coastal States and flag States laid down in UNCLOS and to many international conventions dealing with activities in Macau’s sea. This paper discusses the issues related to specific types of tort liability in private relations.
The process of internationalization of the renminbi gained a great boost at the end of 2008, thanks to the increasing importance that China has acquired in the world. Also contributing to this was the crisis of 2008, which revealed to China the enormous risk of having its international operations pegged to the US dollar and therefore to the turbulence of US economic policy. Although China has the main conditions to internationalize its currency, i.e. a large economy with high and stable growth rate, a stable political system, low inflation rates and a stable exchange rate, the full internationalization of its currency still faces obstacles the most important being the small breadth and depth of the Chinese financial system and the government's control over capital flows, interest rates and the exchange rate. China has been taking important steps to overcome these obstacles, although it is unclear to what extent the Chinese government wants the full internationalization of the renminbi, which could hamper the handling of its macroeconomic policy aimed at stimulating growth. The fact is that there is already an important offshore renminbi market and the area of circulation of the Chinese currency is expanding more and more. Currently limited to its immediate surroundings in East and Southeast Asia, the renminbi area tends to expand to other regions of the world, thanks to regional integration projects such as the "One Belt, One Route" and the strong Chinese presence in Africa and in Latin America. In Latin America, however, the creation of a renminbi area is somewhat distant due to the strong presence of the dollar in the region, not only as an international currency, but as a local currency in some countries that have replaced their currencies with the dollar.
With the strengthening of arbitration and its enforcement in the late twentieth century, it became a central mechanism for the full development of international trade. One of the main bases of arbitration is the consent of the parts, meaning that the submission to arbitration should be based on the express, free and immaculate manifestation of will of the parties. Nevertheless, there is a lot of controversy about the meaning and scope of the arbitrational bond, notably on complex relations, in which it becomes tricky to assign the boundaries of consent.
This article aims to analyze arbitration in Public Administration contracts in the Brazilian Oil and Gas sector, and the challenges to its real effectiveness. Initially, it is outlined the development over time of the institute of arbitration in Brazil, emphasizing that Brazil is moving towards adopting practices similar to international ones, in relation to arbitration between the State and private entities, especially in what concerns the scope of study of International Investment Law. We also highlighted in the second chapter the most critical points regarding arbitration with public administration with doctrine basis, and also the arbitration concentration in the Petroleum Industry, pointing out the causes that impose its reception in foreign and national laws. Besides, we demonstrated that the entrenchment of its effectiveness is an important attraction for foreign companies wishing to make investments of great size in Brazil. In chapter three, we deeply analyzed the emblematic Brazilian precedent – Conflict of Competence no. 139.519/RJ – that reinforces the application of the principle of kompetenz-kompetenz by the Brazilian Judiciary. According to this principle, any nullity claim of agreement or arbitral clause must be decided by the Arbitral Court itself and not by state jurisdiction. Therefore, this important decision rendered by STJ gives prestige to arbitration as an extrajudicial means of conflict resolution, evidencing a cultural change in the Brazilian judging stance.
The internationalisation of Cultural Heritage Law might not take place without affecting national legal regimes regarding the protected subject matters. Worldwide, cultural heritage constitutes a source of remembrance, understanding, identity, dialogue and cohesion. In this context, this paper intends to deliver a comparative perspective of Cultural Heritage Law in Brazil and Germany as a stimulus for an interdisciplinary and cross-border dialogue about Art, Cultural History and Law. The significance of culture for international relations, soft power and regional integration is undoubted. Therefore, an analysis of recent regional policies on cultural heritage – of the Mercosur and the European Union – might also contribute to the objectives of the European Year of Cultural Heritage 2018 proposed by the European Commission. These two national views on Brazil and Germany can provide answers concerning the status of the national legal regimes on cultural heritage regarding internationalisation.
The so-called search for truth in criminal justice is traditionally defined as a principle for some legal systems – including in Brazilian experience, even after the changes brought to Criminal trial by Democratic Constitution. According to this understanding, one of the basic purpose of a trial is the determination of truth: there would be a duty for the judge to seek evidence when he/she understands that those presented to him are insufficient for the reconstruction of the historical truth of the facts. However, it is proposed here to critically analyze the concept and the inevitable paradox that is the coexistence of the "search for truth" with the in dubio pro reo and presumption of innocence principles, which are undoubtedly pillars of the due process of law and assured by international human rights treaties.
It should be noted that the Institute for the Partial Dissolution of the Company, although it was only clarified in the drafting of the Civil Procedure Code of 2016, has for decades been an instrument of vital importance in business activity and its legal repercussions. It is worth mentioning, in this tuning fork, that such an institute had already been applied by doctrine and jurisprudence, in order to follow, even if in tow, the changes and entrepreneurial phenomena of business and corporate relations. It is worth noting, in this sense, that sometimes legislation as a device inserted in legislation takes years to incorporate the aspects considered peaceful and important by doctrine and jurisprudence, as is the case of the topic addressed. In the wake of this understanding it is necessary to state that the institute of partial dissolution of society was already part of the daily and legal life of the country, especially in matters involving corporate litigation. In this context, it should be noted that the Civil Code of 2002, in its Book II, which deals with Company Law, specifically in articles 1028 to 1030 of the legal text, provided instruments for solving the company in relation to a partner, which It is a synonymous form of the procedural modality of the partial dissolution of society, in the field of material law. These provisions refer to the institute of resolution of the company with respect to a partner, as a solution so that the departure of the partner would not entail the total extinction of the company, thereby causing serious damage to the other partners and, consequently, For the business activity, as it would cause damages to the employees who would lose their jobs and even losses to the Treasury, that without the continuity of the business activity would not collect taxes from the development of the activity.
This paper discusses the extension of tax liabilities within groups of companies in Brazil. In face of difficulties to collect taxes from companies, which often do not have enough assets to cover unpaid taxes, it has become common practice to make other companies liable for taxes unpaid by third parties simply because they belong to the same economic group (de facto or de jure). However, the Brazilian legal framework provides for numerous limitations to the expansion of tax obligations, hence making all group members liable should be carefully considered. This paper adopts the thesis that the mere fact that a legal entity belongs to a corporate group is not a legitimate cause to make that entity liable for taxes of other entities, and, therefore, this cannot be used by the tax authorities or the Courts as the reason for that.
The goal of this article is to analyze the limitations for claim of reimbursement of the amount paid by the consumer as a brokerage commission in real estate development contracts. The issue is examined in the light of the requirements of legal certainty and judicial consistency. The intention is to describe the current panorama of jurisprudence, which results from the binding precedent edited by the Superior Court of Justice, and to make the pertinent distinctions.
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