Clipping “COVID-19” – 04.28.2020

  • 28 April, 2020 -

MEASURES TO PROTECT THE INTERNAL MARKET: Bill no. 2085/20 was presented in the House of Representatives. It determines the “Green and Yellow Defence Program” with measures to protect the internal market and national assets during a state of public calamity due to the pandemic. Considering that the state of public calamity should last until December, the proposal in progress suspends privatisation processes of state-owned companies and prohibits the sale to foreign capital of companies domiciled in Brazil, including service concessionaires, and manufacturers of essential goods. Also, the act of appropriating the competitive imbalance becomes a violation of the economic order. Bill no. 2085/2020.

DISTRIBUTION OF RESOURCES TO COMBAT THE COVID-19: in a survey conducted by the House of Representatives, the Federal Government estimates that it has already provided BRL 252.3 billion to combat the pandemic in Brazil. Provisional Measures: 921/20, 924/20, 929/20, 935/20, 937/20, 939/20, 940/20, 941/20, 942/20, 943/20, 947/20, 949/20, 953/20, 956/20.

CONCILIATION AUDIENCE IN THE SPECIAL CIVIL COURTS: Law 13,994 – published on 27 April – determines the possibility of holding conciliation hearings in Brazil’s Special Civil Courts (JEC’s). According to the new law, the courts are authorised to conduct conciliation in non-presential mode using the available technological resources of transmission of sounds and images in real time. The result of the conciliation attempt must be recorded in writing, along with the necessary attachments. The law also provides that if the defendant does not appear or refuses to participate in the attempt to conciliate by remote means, the judge may render a decision. Law no. 13,996 of 24 April 2020.

PROHIBITION OF WATER AND LIGHT SERVICES’ CUTTING: Decision of the 1st Corporate Court of Rio de Janeiro prohibited – for a 90-days period – water and electricity concessionaires from cutting such supplies to the disadvantage of a company under judicial recovery. According to Recommendation 63 of the National Council of Justice (CNJ), the Courts with jurisdiction to judge corporate recovery and bankruptcy actions should adopt measures to mitigate the impact due to the pandemic. Proceeding No. 0012633-08.2018.8.19.0002.

SUSPENSION OF FINE FOR MALL’S SHOP LEASE TERMINATION: A judge of the 18th Civil Court of Brasília granted an injunction authorising the immediate return of a commercial property, suspending the fine fixed in the case of breach of contract of rental relationship, in view of the increasing economic effects of the pandemic. The Judge understood that the contractors have no responsibility for the supervening fact, which is the pandemic. Proceeding No. 0711280-54.2020.8.07.0001.

SUSPENSION OF DEADLINES FOR ADMINISTRATIVE PROCEEDINGS IN THE BRAZILIAN FEDERAL DISTRICT (BRASILIA REGION): Complementary Law No. 967/2020 of 27 April 2020 was published today; it determines the counting of deadlines – while the state of public calamity decreed in the Brazilian Federal District lasts – in respect of administrative proceedings for verification of liability of public servants and employees, as well as of individuals and legal entities dealt with by Laws Nos. 8,666/1993 and 12,846/2013. The suspensions of the terms shall remain in effect as long as the state of public calamity persists and they shall be counted again only on the first business day following their end. Complementary Law no. 967 of 27 April 2020.

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