21/05/2013
News on Justice and Law Autor: Revista Consultor Jurídico
The government again increased in 8.33%, limits gross revenues for companies to opt for taxation of IR based on the actual and presumed profits from January 1, 2014. According to Law 12,814, published in the Official Gazette on Friday (17/5), a company whose total gross revenue in the preceding year was up U.S. $ 78 million may opt deemed income. In the case of activity less than 12 months, the limit for this option will be valid for the company with gross revenue of R $ 6.5 million per month. The information is the newspaper Folha de S. Paulo.
Debt of states
The government will suspend the approval of the bill amending the indexer debt of the states with the Union's decision is a response to the quasi-official role of Deputy Eduardo Cunha (PMDB-RJ) MP Ports of the vote, which was responsible for amendments contrary the government's proposal and for obstructing the session that appreciate the measure. The Ministry of Finance is who will make the formal request to the Civil House to suspend the proceedings. The justification given is technical: amendment included in the project gives a discount of up to 40% in debt that states have with the European Union and 45% in the case of the city of São Paulo. The information is the newspaper Valor Economico.
PEC 37
"For constitutional system, the prosecutor never had investigative power. Anyone who complains can not investigate because there may be no exemption in the survey of the evidence. " The statement is the President of the Court of Justice of São Paulo, Judge Ivan Sartori, who in an interview with the newspaper O Estado de S. Paul talked about the PEC 37. Sartori says MP needs "internal filter" and states that there are "many cases of abuse" in the prosecutors.
Disclosure of salaries
For determination of the President of the Supreme Court, minsitro Joaquim Barbosa, the Court of Justice of the Federal District placed on the site paychecks of its employees, including judges and justices. In April, 95 judges had gross earnings above the ceiling laid down by the Constitution. The cases that exceed this limit occur by payment of calls possible benefits, ie, vacation allowances, Christmas bonus, extra services or receipts parcels delayed benefits granted by the judiciary itself. The information is the newspaper Correio Braziliense.
Worker safety
The company responsible for the construction of the Arena Amazon, Andrade Gutierrez, should do more than 60 changes in relation to health, hygiene and safety of the work. The determination was given by the Labour Court, which accepted two requests from the Ministry of Labour (MPT). The company will be fined £ 20 000 for each measure that is not achieved within the stipulated time. The decision, signed by Judge Labor Substitute Margarete Dantas Pereira Duke came out on the 9th of May. The company was notified on Monday (20/5). The information is the portal G1.
Housework
According to the newspaper Folha de S. Paulo, the government decided to maintain 12% in the contribution paid by the employer to the INSS domestic workers and lay down 40% of the FGTS fine payable in case of unfair dismissal, the same amount paid to other categories. These were the two major concerns in the design of the regulation of the constitutional amendment establishing new rights for domestic workers, passed by Congress in March.
Merger of shares
Tax is not levied Individual Income (PIT) on the capital gain obtained with the incorporation of shares by company. Understanding is the 2nd Chamber of the Board of Tax Appeals (CARF). "Even if the merger of shares could be likened to a form of alienation subject to calculation of capital gain, no receipt by the applicant of values," says councilor rapporteur Nelson Mallmann. The decision is important because it will lead to the Superior Chamber of Tax Appeals (CSRF) to examine the issue again. In 2010, the court ruled in the opposite direction. The information is the newspaper Valor Economico.
Truth Commission
The members of the National Commission of Truth show on Tuesday (21/5) the balance of a year of activities. Created to investigate human rights violations in the context of the military dictatorship, the commission completed one year on Thursday (16/5). Recently, members of the president Dilma Rousseff comissãoapresentaram a balance of group activities and civil society demands for jobs to be extended by six months. The information provided by Agencia Brazil.
