Campos Mello Advogados

Signed into law in December 2023, the Foreign Extortion Prevention Act (FEPA) criminalizes the “demand side” of foreign bribery – that is, the Act makes it illegal for any foreign official to demand, receive, or agree to receive a bribe from a US citizen, company, or resident. FEPA is designed to work in conjunction with […]

A new law in Puerto Rico, Act No. 27-2024 (Act 27), makes it easier for foreign employers to hire employees to work from within Puerto Rico, and for persons to relocate to work remotely within Puerto Rico for employers that do not maintain a presence on the island. Enacted on January 17, 2024, with Puerto […]

As US project finance laws continue to evolve, companies are encouraged to stay abreast of developments and trends within the space. In a Q&A published in The Legal 500 Country Comparative Guides 2024, Robert da Silva Ashley, a partner in DLA Piper’s Projects and Global Finance (Americas) practice, discusses the current state of project finance in […]

In this episode, Francisco Cerezo, Partner and Chair of the firm’s US-Latin America Practice, is joined by Tony Navarro, EVP of Red Ventures and founder of Guide.com, for a discussion about artificial intelligence in Latin America, including social, economic and political implications. This is an engaging conversation on both the promise and perils of AI […]

The second half of 2023 saw significant regulatory action and legislative proposals in a number of jurisdictions, affecting insurance companies across jurisdictions. We have included short updates on: regulatory reform in Australia; recent developments in case law in Colombia; new legislative proposals from New Zealand to Brazil, including Poland and Slovenia; the Energy Act in […]

The 8th volume of Energy inSight presents a detailed overview of the latest news, initiatives, and regulations in Brazil’s energy sector. This edition focuses on the proposals that have marked the sector and fostered various discussions among the sector’s agents and competent bodies in the last quarter of 2023. Given the relevance and impact of […]

Brazil’s Federal Law 12,846/2013, which celebrated its tenth anniversary in August 2023, came to be during a turbulent period in the country, when citizens demanded more transparency from the government and effective prosecution of crimes involving corporations and businessmen. The law introduced several new enforcement mechanisms, among them the possibility of its enforcement by federal, […]

The Foreign Extortion Prevention Act (FEPA) criminalizes the “demand side” of foreign bribery – that is, the Act makes it illegal for any foreign official to demand, receive, or agree to receive a bribe from a US citizen, company, or resident. FEPA is designed to work in conjunction with the Foreign Corrupt Practices Act (FCPA), […]

Brazil’s Federal Law 12,846/2013, which celebrated its tenth anniversary in August 2023, came to be during a turbulent period in the country, when citizens demanded more transparency from the government and effective prosecution of crimes involving corporations and businessmen. The law introduced several new enforcement mechanisms, among them the possibility of its enforcement by federal, […]

As the healthcare industry integrates artificial intelligence (AI) into its business, and evidence grows demonstrating the potential for AI to be transformational in healthcare, policymakers are studying the technology to understand how it might benefit or harm the health system and the people it serves. In establishing a technology system that is useful, effective, and […]

As we head into 2024, employers can expect more risk related to the use of restrictive covenants at both the federal and state level. From the Federal Trade Commission’s (FTC) anticipated final rule and National Labor Relations Board (NLRB) unfair labor practice charges to new state laws and court decisions, employers are monitoring the landscape, […]

An ever more competitive marketplace and a rapidly evolving legal landscape mean that protecting your intangible assets and mitigating intellectual property risks are more challenging than ever. Here are six trends we have been following closely – and we expect the significance of these trends will only grow in the coming months. The Jack Daniels hangover. Trademark practitioners […]

On January 5, 2024, FDA authorized Florida’s Section 804 Importation Program (SIP) proposal to allow Florida’s Agency for Health Care Administration (AHCA) to import drugs from Canada for a period of two years. AHCA revised their 2020 proposal to the FDA several times and submitted clarifying communications prior to the agency’s determination. While eight other […]

Healthcare private equity firms are in the crosshairs of the US antitrust agencies, the White House, state legislators, and some prominent members of Congress. In recent weeks, Federal Trade Commission (FTC) Chair Lina Khan has argued that private equity acquisitions of healthcare practices have “enabled firms to amass significant control over key services in local […]

A new law in Puerto Rico, Act No. 27-2024 (Act 27), makes it easier for foreign employers to hire employees to work from within Puerto Rico, and for persons to relocate to work remotely within Puerto Rico for employers that do not maintain a presence on the island. Enacted on January 17, 2024, with Puerto […]

In this episode, Francisco Cerezo, Partner & Chair of the firm’s US-Latin America Practice, is joined by Ambassador Michael McKinley for a discussion on current events in Latin America. Listen to full conversation here

Effective November 1, 2023, all US employers must use the new Form I-9, Employment Eligibility Verification, as required by the US Citizenship and Immigration Services (USCIS). The revised I-9 form must be used for all new hires and rehires, including citizens and non-citizens. Failing to comply with I-9 requirements may put your company at risk […]

Transactional The years 2022 and 2023 presented significant challenges for the industry, with a post-pandemic market correction and macroeconomic pressures resulting in one of the worst performances in decades. Depreciations made capital raising difficult for both private and publicly traded companies, reflecting in the transactional landscape of 2023. As we enter 2024, the pharmaceutical industry […]

Constitutional Amendment In light of the final approval of Constitutional Amendment 132 by Congress, we have a definitive picture of the framework of the reform and now the Federal government must submit the legislative bills which will fully regulate the newly created taxes. IS • Applicable over the production, commercialization and importation of goods and […]

Interview with Bruna B. Rocha – In Vivo Citeline Commercial Nations in Latin America and the Caribbean have officially initiated discussions on establishing a new regulatory body for medicines and medical devices in the region. This endeavor holds the promise of advantages for both companies and patients, such as alleviating regulatory complexities, facilitating market access, […]

Effective January 1, 2024, the Corporate Transparency Act (CTA) will require reporting companies to provide certain beneficial ownership information related to their controlling stakeholders – a measure that aligns with the US federal government’s aim to mitigate corruption, money laundering, terrorism, fraud, and other illegal activity. In this alert, we summarize the applicability of the […]

On August 9, 2023, Senator Rosamar Trujillo Plumey presented Proposed Senate Bill 1277 (P. del S. 1277), which seeks to amend Act No. 80 of May 30, 1976 (Act 80), known as the Puerto Rico Unjust Dismissal Act. Act 80 regulates private-sector dismissals and layoffs, providing a severance indemnity to employees terminated without just cause. […]

The European Union’s (“EU”) Carbon Border Adjustment Mechanism (“CBAM”) came into effect on October 1, 2023, marking a significant milestone in the EU’s approach to addressing climate change and reducing global Greenhouse Gas Emissions (“GHG”). Created by Regulation EU No. 2023/956 of the European Parliament and the Council (“Regulation”), the CBAM’s primary objective is to […]

Approved by the Environment Committee of the Federal Senate at the beginning of October (10/04), Bill No. 412/2022 (“Bill”) establishes the Brazilian Greenhouse Gas Emissions Trading System (“SBCE”). The Bill has reached the Chamber of Deputies, where it has been appended to a series of other bills with similar themes that shall be submitted for […]

As another way to encourage equity actions between men and women in the workplace, on 20/09/2023, Law 14,682/2023 was published, which creates the ‘Woman Friendly Company’ seal, with the purpose of identifying societies businesswomen who adopt practices aimed at the professional inclusion of women victims of domestic and family violence. According to art. 2 of the […]

The STF, when judging the Extraordinary Appeal submitted to the General Repercussion, consolidated its jurisprudence regarding the impossibility of administrative restitution of the undue amount recognized by the court, requiring that the payment due by the Public Treasury as a result of a judicial decision occurs through a court order or request for a small […]

On September 14th, President Luiz Inácio Lula da Silva and other government members formalized the signing of the  Bill for the Future Fuel Program (“Bill“), which shall now proceed to the initial legislative process in the Chamber of Deputies. The Bill addresses a variety of converging questions, all aimed at decarbonizing the transportation energy matrix, […]

The Bill of Law 1,425/2022 (“Bill”) was approved this Wednesday, August 30, by the Brazilian Federal Senate. Authored by Jean Paul Prates, former senator and current Chief Executive Officer of Petrobras, the Bill proposes a regulatory framework for Carbon Capture and Storage (“CCS”) activities in Brazil, with the following highlights:  Grant of Exploration of Geological Reservoirs: The Bill stipulates that permanent CCS activities can only be carried out with a Qualified Grant […]

Currently it is widely known that the Latin American markets operate with their respective regulatory health bodies, varying from having dedicated agencies in some nations to entrusting responsibilities like drug approval and post-marketing surveillance to their health ministries in others. The Pan American Health Organization (“PAHO”) extends technical assistance and collaboration to these regulatory authorities, […]

The Bill of Law 1,425/2022 (“Bill”) was approved this Wednesday, August 30, by the Brazilian Federal Senate. Authored by Jean Paul Prates, former senator and current Chief Executive Officer of Petrobras, the Bill proposes a regulatory framework for Carbon Capture and Storage (“CCS”) activities in Brazil, with the following highlights:  Grant of Exploration of Geological Reservoirs: The Bill stipulates that permanent CCS activities can only be carried out with a Qualified Grant […]

Pursuant to Law N. 14,286 of December 29, 2021, and Resolutions Nos. 278 and 281 of December 31, 2022, issued by the Brazilian Central Bank (“BCB”), Brazilian entities with direct equity interest of non-residents in their capital stock must provide certain periodical statements to the BCB. Accordingly, companies that have assets in an amount equal to or […]

The US Court of Appeals for the First Circuit recently issued an opinion and judgment affirming the Federal District Court of Puerto Rico’s March 2023 ruling that invalidated Puerto Rico Act No. 41-2022 (Act 41). Act 41 introduced several important changes to Puerto Rican private employment law, in many cases reversing changes which were introduced […]

Employers in Puerto Rico are encouraged to revise their domestic violence policies and trainings based on a recent amendment to Act No. 54 of August 15, 1989 – the Domestic Abuse Prevention and Intervention Act – to recognize economic violence as a form of domestic abuse and establish grounds to grant protection orders related to […]

The Convention to Homologate the Tax Treatment provided for in the Conventions to Avoid Double Taxation entered into between the States Party to the Pacific Alliance Framework Agreement (the Convention) has entered into force between Mexico, Colombia, Peru, and Chile. The four Pacific Alliance membership countries (collectively, the States) first entered into the Convention in October 2017, […]

The Provisional Measure (MP) No. 1,171, published on April 30, 2023, brought new tax rules for individuals who are tax residents in Brazil earning foreign income, among other provisions. To whom it applies: Individuals who are tax residents in Brazil Effective as of:  January 1st, 2024 What types of foreign income:  Income from capital invested […]

The constant review of rules and regulations in the power sector is essential to bring legal certainty to the industry. The 6th volume of the Energy InSight brings together the main proposals and improvements to Brazilian regulation that deserve to be highlighted this quarter, as well as the discussions that should guide the sector over […]

1. PPP Complexo Hospitalar Souza Aguiar– Rio de Janeiro Resumo do projeto: A Parceria Público-privada (PPP) tem como objetivo a exploração e modernização do Complexo Hospitalar Souza Aguiar, no centro da capital fluminense, com previsão de investimentos na casa de R$ 850 milhões. O chamamento público garante 30 anos de contrato com a ganhadora, que […]

Brazil, the largest economy in South America, has taken a significant step in its tax policy. Brazil has enacted a law (Law 14,596/23) that transitions the country towards the Arm’s Length Principle (ALP). This change underscores Brazil’s commitment to aligning its taxation policies to global standards. While this development is promising for the national economy, […]

Our philosophy for providing services to our clients can best be described as a partnership. We strive to provide our clients with a solutions-oriented approach to address their current and future legal needs. Specifically, we analyze each project from a risk and cost-benefit standpoint. We also advise our clients of current best practices and keep […]

As business grows more global, the challenge for in-house counsel and HR professionals responsible for workforce issues and employment law compliance is intensifying. This guide is designed to meet that challenge head on and has been produced in response to feedback from clients in both established and emerging international businesses. We hope it will become […]

Sociedades Limitadas are regulated by Law 10,406/02 (Brazilian Civil Code) and residually, whenever set forth in their articles of organization, by Law 6,404/76, as amended, which regulates Brazilian corporations. A Sociedade Limitada is simple to incorporate and operate as very few formalities are required for its organization and management. The Sociedade Limitada is managed by […]

Published on April 30, 2023, Provisional Measure No. 1.171 brought several new tax rules for residents in Brazil who earn foreign income. This foreign income will be subject to taxation under the Individual Income Tax (IRPF) and must be reported in the Annual Adjustment Return (DAA). In addition to the general rule, which establishes a […]

A Few Notes about Sustainability and Taxes in Brazil Introduction One of the world’s top priorities nowadays is the sustainability agenda due to climate change. The conditions on Earth have been changing rapidly and drastically as a harmful effect of the global warming caused by the emission of Greenhouse Gases (“GHG”) in the atmosphere. Droughts, […]

The beginning of this year has been marked by a turmoil in the international financial market. First, with the failure of Silicon Valley Bank in the US followed by the acceleration of the recurrent problems faced by Credit Suisse in Europe. Earlier in March, a decision was taken to write off the perpetual debt of […]

Chile Con fecha 4 de enero de 2023, se publicó finalmente en Chile la Ley N°21.521, que promueve la competencia e inclusión financiera a través de la innovación y tecnología en la prestación de servicios financieros, también conocida como Ley Fintech (“Ley” o “Ley Fintech”), y que comenzó a regir el 3 de febrero pasado. […]

With the municipalities putting pressure on the Federal Government and Congress, the President of the Republic published Provisional Measure No. 1,167 on March 31, in order to extend the new law’s effectiveness until December 31. The new Administrative Procurement and Contracts Law (Law n.º 14.133/2021) was published two years ago and should have entered into […]

“Guida agli Affari in Brasile”, (original), prepared by the Embassy of Italy in Brasília, addresses investment opportunities in the country, the map of opportunities, demographics and strategies for entering the Brazilian market . Labour Law partner, Juliana Nunes, is the author of the chapter “Overview of labor laws” (“Panoramica delle leggi del lavoro”), in which […]

Observers in Brazil are paying close attention to the approaches the country is taking to address SESG – Sustainability and Environmental, Social and Governance – issues, the broad term for factors used to evaluate a business’ collective conscientiousness about social and environmental factors. SESG factors embrace climate impacts as well as concerns around diversity, inclusion, communities (and […]

Puerto Rico Department of Labor and Human Resources Secretary Gabriel Maldonado-González recently published Circular Letter No. 2023-01, which details the department’s position on the Puerto Rico Federal District Court’s recent nullification of Act No. 41-2022. The Court declared Act No. 41-2022 void ab initio for failing to comply with the procedural requirements of the Federal PROMESA […]

Most countries in Latin America made no significant strides during 2022 in their legislative efforts to prevent, punish and combat corruption. That is the key finding of the Latin American Anti-Corruption Assessment 2021-2022, a study of 17 Latin America countries. In this issue, we take a concise look at the report, then offer a few […]

Prepared by our Energy and Natural Resources team. The newsletter also addresses topics such as the regulation of Distributed Generation, the discussions about the Evaluation of Environmental Attributes of Renewable Sources, the creation of a National Green Hydrogen Program, and the Market Opening in the Electricity Sector, among so many other hot topics of 2022: […]

Non-fungible tokens in Argentina, Brazil, Chile an Colombia. Non-Fungible Tokens, the NFTs, have become one of the most popular assets globally. Developed as collectable assets which have its authenticity guaranteed by blockchain, the NFTs create a new market to acquire original digital pieces. NFTs have received increased attention in recent years, especially in the trade of […]

Introduction As a continental country and an emerging economy, Brazil has been investing to expand the logistics and social infrastructures. The logistics matrix is highly dependent of highways, because of the industrialization police adopted in the sixties. At the time, Brazil replaced its railways by highways. However, the maintenance, expansion and costs of highway transportation […]

Sanctioned law guaranteeing the free supply of medical cannabis in São Paulo Last Tuesday (31), the law ( Law n° 17.618/23 ) was sanctioned, which authorizes the free distribution of cannabidiol-based medicines in the public health network of the state of São Paulo – that is, by health units public state and private affiliated to the Unified […]

The 2nd Court of Monte Mor (São Paulo) granted an injunction in a writ of mandamus to remove the requirement for a certificate of fiscal regularity for the registration of the deed of purchase and sale of real estate, formulated by the Notary of Notes and Protests of Letters and Titles of Monte Mor . […]

Signed on February 2, 1971, the Convention on Wetlands of International Importance, especially as Habitat for Waterfowl, known as the “Ramsar Convention” (“Convention”), recognizes that wetlands are sources of biodiversity and a resource of great value economic, cultural and recreational, whose loss is considered irreparable. The Convention establishes the need for their protection, mainly due to […]

During the World Economic Forum 2023 in Davos, specialists engaged in the health theme unanimously indicated that “the past three years of the Covid-19 pandemic have exposed vulnerabilities in healthcare systems around the world and highlighted the dangers of inequalities in care – not only creating global health risks, but also causing knock-on effects on […]

With the technology evolution and new trends of the post-pandemic work culture, it is increasingly common to see people moving abroad to work remotely. Here are some of the main considerations in case (1) a person residing in Brazil moves abroad or (2) a foreign individual intends to work in Brazil remotely and on a temporary […]

On 29 November 2022, Brazil and the UK signed a long-awaited Double Taxation Agreement (DTA). While the DTA will not enter into force until completion of the relevant legislative procedures required by Brazilian and UK law, which in Brazil requires the DTA to be approved by Congress and signed by the President, its implications are […]

Senate Bill 0976-22 (Bill 976) proposes to amend Puerto Rican Act 16-2017, the Salary Equality Act of Puerto Rico. That Act imposes penalties on employers who discriminate on the basis of sex via salary differences. Bill 976 seeks to guarantee the vindication of citizens’ rights under Act 16-2017 by providing greater access to the filing […]

For lawyers and professionals who focus on white-collar crime at the international level, a key question is how to conduct an investigation in a jurisdiction that may be unfamiliar, and how to conduct oneself during such an investigation. Who are the relevant authorities? What are their most pressing concerns? What are the granular issues to […]

For more than 60 years, Puerto Rico has used its unique territorial framework to enact numerous tax incentives programs that have served as its main economic development tool. Puerto Rico is a territory of the United States, and the majority of US laws apply in Puerto Rico. However, Puerto Rico also possesses the authority to […]

WELCOME TO PANORAMA A year ago, the economic situation in LatAm seemed dire. But in the second half of 2021 and well into 2022, the business and economic outlook for Latin America has not only bounced back, but in many areas is surging forward. The picture, of course, is uneven. Exciting new technologies are being adapted […]

On October 26, 2023, Normative Ordinance MF No. 1,330 (“PN No. 1,330”) was published by the Brazilian Ministry of Finance, which provides for the general conditions for the commercial operation of the lottery modality of fixed-odds betting in the national territory, under the terms of Law No. 13,756, of December 12, 2018 (“Law No. 13,756”), […]

Our Energy and Natural Resources team presents Issue No. 7 of the ENERGY InSIGHT Newsletter, focusing on key regulatory developments in the Brazilian energy sector. Highlights include proposed regulations for the Carbon Market, ANEEL’s Public Consultation on retail trading simplification, and changes in the power sector addressing Tariffs for the Use of Transmission and Distribution […]

Anti-corruption and AML in Mexico: Trends and developments. The Global Anti-Corruption Perspective The fight against corruption and the fight against new forms of money laundering (AML) are issues that should occupy a central place in the public policy agenda of any country. These endeavors are deeply connected.  For a government to have better results in tackling […]

Gafisa makes an offer for the acquisition of Construtora São José, but negotiations are unsuccessful In May of this year, the company Gafisa was in the final stages of negotiations to acquire one of the best known high-income developers in São Paulo, Construtora São José (“ São José ”), aiming to reach its select portfolio of clients, […]

The State Grid Corporation (the “State Grid”), the largest electricity concessionaire in the world and owner of CPFL Energia, purchased a building with 54 apartments in the Rio de Janeiro neighborhood of Leblon, with an estimated Potential Sales Value of more than BRL 200 million reais. The building is strategically located between the beach and the […]

Through Ordinances GM/MME No. 685 and 686, published on September 9, 2022, the Ministry of Mines and Energy (MME) launched the opening of Public Consultation No. 134/2022 and 135/2022, in order to discuss (i) a draft proposal of Normative Ordinance which regulates the offshore power generation activities in Brazil; and (ii) a draft proposal of Normative Ordinance which creates the Unified Portal for Management of the Use of Offshore Areas for Power Generation (“Unified Portal”). The period for contributions ends in 30 days (October 11th, 2022).  Complementing the provisions … Read more

On October 18, 2022, the National Data Protection Authority (“ANPD”) published an orientation guide on “Cookies and personal data protection” (“Guide”). The material aims to establish a general scenario about this technology, including the main concepts and classifications of cookies, as well as guide processing agents (controllers and processors) on good practices and requirements that […]

Key takeaways: Europe’s Sustainable Finance Disclosure Regulation (SFDR) has been followed by equivalent proposals in other jurisdictions, particularly the UK and US. The European regime and the UK and US proposals are not fundamentally inconsistent but there are clear differences in approach, particularly on labelling. Fund managers marketing products into each of the jurisdictions will […]

The Global Anti-Corruption Perspective The fight against corruption and the fight against new forms of money laundering (AML) are issues that should occupy a central place in the public policy agenda of any country. These endeavors are deeply connected.  For a government to have better results in tackling these problems, it must put in place a […]

Con fecha 30 de junio de 2022, entró en vigencia la Ley N°21.461, que modifica la Ley N°18.101 que fija Normas Especiales sobre Arrendamiento de Predios Urbanos y el Código de Procedimiento Civil, mediante su publicación en el Diario Oficial. Las principales modificaciones que contempla la Ley N°21.461 dicen relación con: La incorporación de la medida […]

With Federal Decree nº 11.075/2022, Brazil takes another step toward creating a carbon market Brazil has published Federal Decree No. 11.075 which establishes the procedures for Sectorial Plans for Mitigation of Climate Change and institutes Sinare, the National System for the Reduction of Greenhouse Gas Emissions. Since Brazil created its National Policy on Climate Change […]

Merger control is an essential element for any effective competition system, regardless of geography. Although recommended by the Organization for Economic Co-Operation and Development (OECD) on several occasions,[1]  a merger control regime eluded the Peruvian market up until 2021,[2] when – after several bills failed in Congress – Law N° 31112 was finally enacted in January 2021. […]

The Organization for Economic Cooperation and Development has published the latest edition of its Tax Administration Report. According to the OECD, this series of Reports aims to provide information that will facilitate dialogue among tax officials on important  tax administration issues.  It also identifies opportunities for revenue bodies to improve the design and administration of […]

For more than 60 years, Puerto Rico has used its unique territorial framework to enact numerous tax incentives programs that have served as its main economic development tool. Puerto Rico is a territory of the United States, and the majority of US laws apply in Puerto Rico. However, Puerto Rico also possesses the authority to […]

On May 25, 2022, Mexico’s Energy Regulatory Commission (Comisión Reguladora de Energía or CRE) imposed a punishing penalty of more than MX$9.145 billion (~US$450 million) on a major player in the Mexican energy sector. The company holds an electric power generation permit under the self-supply scheme (autoabastecimiento). The CRE declared that the company was restricted to […]

On June 20, 2022, Governor Pedro Pierluisi signed into law House Bill No. 1244, Act No. 41-2022 (Act No. 41), which amends and partially repeals the Labor Transformation and Flexibilization Act, Act No. 4-2017 (Act No. 4 or Labor Reform of 2017) as well as amends several other employment statutes. In essence, Act No. 41 […]

International Women’s Day, celebrated every March 8, focuses on the achievements of women over the years in the cultural, political and socioeconomic contexts, bringing special attention to regarding gender equality and reproductive issues. In connection with this, it is important to highlight the recent development of new trends in the healthcare ecosystem which focus on […]

Perú • Se modifica el Decreto Legislativo Nº 1075 que aprueba disposiciones complementarias a la Decisión 486 de la Comisión de la Comunidad Andina que establece el régimen común sobre Propiedad Industrial El día 21 de junio de 2022, se publicó la Ley Nº 31497, mediante la cual se realizó las siguientes modificaciones e incorporaciones […]

El 20 de junio de 2022 se publicó la Ley 21.459 que establece normas sobre Delitos Informáticos, derogando la Ley 19.223 y modificando otros cuerpos legales. La ley regula diversos tipos penales, tales como; ataque a la integridad de un sistema informático, acceso ilícito a un sistema informático, interceptación ilícita de información, falsificación informática, receptación de datos informáticos, entre otros. Se incluye también la […]