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Allocation of jurisdiction in Brazil in a Exclusive distribution agreements- Jurisdiction clauses- Place of performance

Notes the Brazilian Superior Court of Justice decision in RS Components Ltd v RS do Brasil Comercio Importacao Exportacao Consultoria e Representacoes Ltda on whether the Brazilian courts had jurisdiction to rule on disputes involving a distribution agreement exclusively performed in Brazil, despite the contract expressly providing for these to be submitted to the jurisdiction of a foreign court.  View more

The Trials of Winning at the WTO: What lies behind Brazil's success

Introduction Calls for greater empirical work in international law have been gaining ground. [FN1] This article, building from years of empirical investigation of *385 international trade dispute settlement and its impact in Brazil, aims to advance our understanding of three sets of interrelated questions: who shapes international trade law through litigation and bargaining, how do they do so, and what broader effects do international trade law and judicialization have within a country? [FN2] The article's point of entry is an examination of what lies behind Brazil's use of the legal regime of the World Trade Organization (WTO), including its use in litigation, negotiations, and ad hoc bargaining. We assess how the WTO legal regime has affected Brazil's national administration and Brazilian government-business-civil society relations regarding international trade policy and dispute settlement. In turn, we depict the strategies that Brazilian public and private actors have adopted to deploy and shape this very international legal process. We aim to show how these national and international processes are reciprocally and dynamically interrelated. [FN3] Although earlier work has focused on the impact of the legalization and judicialization of trade relations in the United States and the European Union (EU), [FN4] this article assesses the responses and strategies of a major *386 developing country, Brazil. The article investigates, in particular, how the legalization and judicialization of international trade relations have spurred institutional transformations within Brazilian government, business, and civil society as well as in their interactions, giving rise to new Brazilian public-private partnerships for trade policy formation and trade dispute settlement. That is, we examine international law matters not in terms of compliance with individual legal decisions or treaty provisions (for which there is considerable literature) [FN5] but rather in terms of the more systemic impact of WTO legalization and judicialization on Brazilian business-government-civil society relations regarding the making and implementation of international trade law. View more

Brazil Creates New System To Reduce Document Requirements For Certain Employers

Brazilian authorities recently created an electronic document submission system that allows local employers sponsoring more than 100 work permits per year to submit corporate documents for repeated use in individual work permit applications. The new system, called Cadastro Eletrnico de Entidades Requerentes de AutorizaÁo para Trabalho de Estrangeiros no Brasil (CERTE), allows eligible employers to maintain corporate documents on file with the Ministry of Labor and Employment and the General Immigration Coordination (CGIg) for up to six months, during which time the employer is not required to resubmit such documents in support of individual work permit applications. At the end of the six months, the employer must resubmit corporate documents to the CGIg. Previously, employers were required to submit identical documentation every time they sponsored a work permit. Employers seeking to register with the CERTE must submit a request to the CGIg, along with any requested corporate documentation (e.g., act of incorporation, certificate designating the company's legal agent). The CGIg then scans and uploads the documents to the CERTE and reviews the documents when deciding upon individual work permit applications. Participation in CERTE is voluntary. Companies sponsoring 100 work permit applications or fewer may request permission to register with CERTE. Registration of these companies in CERTE is subject to the discretion of the CGIg.  View more

Brasil anistia estrangeiros em situação irregular

2 de julho de 2009-Brasília - O presidente Luiz Inácio Lula da Silva sanciona, na tarde de hoje (2), o Projeto de Lei 1.664-D, de 2007, a chamada Lei da Anistia Migratória, que autoriza a residência provisória de cidadãos estrangeiros em situação irregular no Brasil View more

15 años de estabilidad en Brasil

COURRIER INTERNATIONAL-Le 1er juillet 1994, le Brésil se réveille avec une nouvelle monnaie : le real. Après une décennie d’hyperinflation, les Brésiliens accueillent les nouveaux billets avec scepticisme. En dix ans, leur argent a déjà changé quatre fois de nom, sans véritable avancée pour l’économie. View more