The absence of lawyers in child support lawsuits frustrates attorneys but facilitates access to justice

The recent Federal Supreme Court (STF) decision affirming that lawyers are not required to attend initial hearings in child support cases—as provided by Law 5,478/1968—has drawn strong criticism from attorneys, who now intend to take the matter to Congress. In the decision rendered in the action against the violation of a constitutional fundamental rule (ADPF) 591, the Federal Supreme Court (STF) determined that the Constitution does not require a lawyer to file for child support.

The Brazilian Federal Court of Appeal for the first circuit (TRF-1) cancels Income Tax (IR) charge that had been stalled at the administrative level

The 8th Panel of the Brazilian Federal Court of Appeal for the 1st circuit (TRF-1) accepted an appeal by Vertical Equipamentos, a Bahia-based company in the cargo transportation and handling sector, and cancelled a tax assessment of BRL 3.7 million related to Corporate Income Tax (IRPJ) and Social Contribution on Profits (CSLL). The reason for the cancellation is uncommon in tax cases: it involved the application of the so-called intercurrent statute of limitation—a legal argument previously thought unlikely to succeed for taxpayers.

Stock options: impacts of the Superior Court of Justice (STJ)’s judgment on the Brazilian market

Judgment of Repetitive Precedent-Setting Issue 1,226 by the Superior Court of Justice (STJ) is approaching. The Precedent-Setting Issue is scheduled for the session of September 11, with Justice Sérgio Kukina as the reporting judge, and originates from the allocation of the appeals REsp 206.964.4/SP and 207.456.4/SP. The issue under judgment, which is at the heart of the controversy, is determining the legal nature of Stock Option Plans—specifically, whether they should be classified as remuneration or as commercial transactions.

Supreme Court and House of Representatives discuss Inheritance Tax (ITCMD) on Free Benefit Generating Plan (PGBL) and Free Benefit Generating Life Insurance Plan (VGBL) with opposing theses

The Federal Supreme Court (STF) is discussing—in a case with general repercussions, whose judgment was paused last Monday (August 26)—an issue affecting the validity of a rule included in the tax reform regulations currently being processed by the House of Representatives: the collection of the Tax on Inheritance (ITCMD) on transfers made to beneficiaries upon the death of the holder of private pension plans under the Free Benefit Generating Plan (PGBL) and Free Benefit Generating Life Insurance Plan (VGBL).

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