We could therefore summarize it as a country with enormous potential, with very optimistic macroeconomic indicators on the opening of the Brazilian economy. Finally, it should be noted that both during the purchase of Brazilian companies and since their creation, it is customary for the partners to sign parasocial agreements or shareholders` agreements in order to establish confidentially the agreements and rules that govern the daily activities of the company. With regard to the commercial, social and tax issues that must be taken into account when doing business in Brazil, the lawyers of Toda & Nel-lo, as well as the Brazilian companies Rocha e Barcellos and ACPS Advogados, unravel the legal aspects that should be taken into account when doing business in Brazil; a series of tips that they presented on October 16 at the Brazil-Spain conference organized by the Equestrian Circle of Barcelona. As shown by the information published by the Brazilian Customs Portal, among the improvements introduced by the law to minimize bureaucracy and simplify trade in services, as well as the export and import of goods, stand out: although Brazilian labor legislation is formally very different from Spanish legislation, in practice, there are many similarities. The regulation of working time is no exception, and despite the 44 hours per week, the special regulation of shiftwork, breaks, etc. Although a Brazilian or foreigner who is part of the administrative body of a Spanish company does not need to have legal residence in Spain, foreigners who join the daily administrative authority of a Brazilian company (“Diretoria”) will need a residence visa in Brazil. You can access this article from El Confilegal to learn more about these ten points in detail. Therefore, it is sometimes very useful to have a person with dual nationality and residence in Brazil as part of the administrative body of Brazilian society. The main issues of interest in relation to the Spanish legal framework in the fields of company law, commercial law, labour law and tax law are as follows: In this document, the lawyers are Josep M. Balcells, partner in commercial and international law, Dídac Ripollès, partner of Laboral, Albert Mestres, legal advisor in taxation, as well as Brazilian lawyers Marcos Martinelli (Mercantile) and Mauricio Reis (labour) from Rocha & Barcellos and Washington Pimentel (from ACPS Advogados). On 20 September, the Brazilian courts adopted the law on economic freedom promoted by the new government, which goes in the same direction and points to a legal framework that is enormously liberalized and open to the economy.
This law involves the removal of many administrative and legal obstacles to commercial activity and a plan to promote the entry of foreign capital, especially in infrastructure investments. Every investor knows that doing business in an emerging country like Brazil requires good legal advice both at the point of origin and destination, and to get it right with the local partner. Lawyers are essential to understand the new environment and make beneficial use of the legal rules in force at the place of investment. In this sense, Brazil needs increased attention and commitment to legal aspects due to its regulatory complexity – at least so far. Current Brazilian legislation facilitates the creation of a new company, limited or limited liability. To do this, the first will be to register the foreign investor (natural or legal person) with the Central Bank of Brazil (CADEMP) and the Brazilian Federal Tax Authority (CPF/CNPJ). Brazil, currently the sixth largest economy in the world in terms of nominal GDP, is an economic, demographic and territorial giant. And it stands out not only on the American continent, but on a global scale.
With more than two hundred and ten million people, it is a middle-income country in the upper range, according to the World Bank. We could therefore summarize it as a country with enormous potential, with very optimistic macroeconomic indicators on the opening of the Brazilian economy. Brazil has had a new government for about ten months. ICEX reserves the right to delete comments which, among others: • Reports of the Inter-American Commission on Human Rights (IACHR) and general remarks and judgments of the Inter-American Court of Human Rights (Inter-American Court of Human Rights)Brazil has been a party to the American Convention on Human Rights (ECHR) since 1992, to the Protocol of San Salvador since 1996 and to all treaties on which the inter-American system is based for the protection of human rights. In return, it accepted the jurisdiction of the Inter-American Court of Human Rights. For reasons of efficiency (not only from a tax point of view, but also from a commercial and operational point of view), it will be advisable to carefully and competently select the state or states in which a factory or operational center is to be opened (for example, there are regions in the north and north-east of Brazil with special tax regimes that encourage the establishment of companies in their territory). but also the country in which the company that is to assume the function of holding company (or local manager) in Brazil and, if applicable, its subsidiaries are established and registered. These lawyers hope that the upcoming tax reform in Brazil will lead to a paradigm shift in simplifying and streamlining tax obligations, as well as a clear commitment to strengthening taxpayers` legal certainty.