Jump to content
The universalization of work from home policies, encouraged by recent measures to fight covid-19, has increased the need to sign documents electronically. But where does the Brazilian legislation stand on the legal validity of these signatures?
Updates to the wording of Federal Decree No. 9,764/19 establish more comprehensive, secure, and effective legal instruments to fight the coronavirus pandemic through private donations to the direct Federal Government, federal agencies, and federal foundations.
In addition to measures to restore the economic and financial balance of contracts due to the covid-19 crisis, the Brazilian State will need to display competent action in order to plan and execute incentive policies that boost the economy after the pandemic.
New measure provides payroll relief for companies, helps preserve jobs, but requires concessions from employers, with potential financial and labor consequences.
Flexible compensation for dismissal without cause according to the level of reduction in wages and work hours or temporary suspension of employment contracts encourages companies to adopt measures established in the government's emergency program.
Given the unprecedented high volatility of the Brazilian capital markets and the restrictions imposed by governments on the movement of people due to the coronavirus pandemic, the Brazilian Securities Commission (CVM) has adopted several measures to foster the economy and provide more flexibility for market participants to comply with the rules governing the Brazilian capital markets.
Even with the likely confirmation of the postponement in the Chamber of Deputies, the installation of the National Data Protection Agency is urgent. It would bring in more efficiency to the management of personal data during the pandemic and more legal certainty to the process of adaptation to the LGPD.
As an alternative measure to tackle the current crisis scenario caused by covid-19, Executive Order No. 936/20 was published on April 1 (MP 936), which stipulates the conditions for a proportional reduction in the hours and wages of employees and for the temporary suspension of employment contracts.
Executive order reiterates the federal government's concern with inspection and fining of companies in the event of non-compliance with serious obligations, especially the procedures applicable to proportional reduction of work hours and salary and temporary suspension of employment contracts.
In the current circumstances, we must find an optimal balance between, on the one hand, individual rights and respect for the freedom of economic players and, on the other, protection of the public interest and the constitutional provisions that privilege social and consumer rights.
The goal is to ensure the progress of insolvency proceedings as normal in order to preserve business activity and reduce the difficulties caused by measures to combat the pandemic.
The text proposed seeks to provide greater legal certainty by avoiding interference in equal relationships and privileging the risk allocation mechanisms of commercial contracts.
The idea is to establish transitional measures, for one year or while the economic crisis resulting from the pandemic continues, to help business owners and all economic players to restructure their businesses and minimize the impacts of the crisis.
The suspension must be agreed upon between employee and employer through an individual written agreement and sent to the employee two days in advance.
Standstill agreement applies to all of BNDES’s direct and indirect financing instruments. The suspension is valid for six months in order to mitigate the impacts of the current covid-19 crisis for borrowing companies.