Most recent posts in ‘Business Law’

June 13, 2013

International weapons treaty

ast week, more than 60 countries, including Brazil, Japan and the U.K., came together to sign a major treaty regulating the global arms trade. The U.S. has announced it will sign soon. This is the first international movement to slow the illicit trade in weapons in the black market that are used to fuel conflicts and terrorist attacks.

The goal of this process is to create a protocol that is legally binding to regulate the legal trade of conventional weapons. It will also provide effective tools to prevent these shipments from being diverted to the illegal market.

According to ambassador Antonio Jose Vallim Guerreiro, a member of the Brazilian Conference on Disarmament, the negotiation process of this legislation took seven years to complete and Brazil has been on board this process from the early stages.

He added that for Brazil, this treaty represents a milestone in the pursuit of a more peaceful and secure world. It also protects citizens in situations of conflict and will reduce urban armed violence.

“Each one was crucial in the realization of this aspiration,” he said. “Brazil is fully committed to ensuring that the balanced, objective and non-discriminatory approaches prevail, as well as international cooperation and assistance to ensure a central role in all efforts.”

Any company that does international business, like with Brazil, would be wise to partner with Brazilian lawyers to investigate how this treaty could impact shipping processes. Being away of the changes before they take effect can keep a business ahead of the competition.

June 11, 2013

Budget constraints don’t excuse poor healthcare

Every person wants to have access to quality healthcare. Regardless of laws, regulations and other outside factors, individuals want to be able visit a doctor when needed and receive care that will keep them healthy. Unfortunately, that is easier said than done and in Brazil, this issue is being debated.

At a seminar sponsored by the National Council of Justice, the opening address was delivered by Joaquim Barbosa, the president of the Federal Supreme Court. He spoke about the problem of budget constraints and how it should not be used to justify the lack of access to healthcare in the country.

He said that in the event of budget constraints, unlimited granting of any treatment or medication cannot be imposed on the State. However, that cannot be presented as the reason of exemption for compliance with constitutional regulations, especially the fundamental right to health.

He added that the “inequalities” in the sector have forced the courts to act “strictly” to ensure access to medical care, as well as install preventative measures against diseases.

“In Brazil, inequality in healthcare is so significant that it has become imperative for the judiciary to act with great accuracy and precision to prevent the gap between citizens from widening even further,” Barbosa said. “And this duty undoubtedly has a sole objective which is the realization of the right to health.”

Any company that is doing business in the country should partner with Brazilian lawyers to make sure their employees are getting the healthcare measures they need.

June 10, 2013

Debate on lowering the age to be tried as an adult

It would seem like a rare moment when both defense and criminal attorneys agree on a procedural matter, but that is the case now in Brazil as the attorney general and the Brazilian Federal Bar Association (OAB) are opposing a potential decision by the country’s senate. The rule would lower the age that someone can be tried as an adult from 18 to 16.

The reason for the change is lower crime rates when it comes to situations of extreme violence and crime. There are current regulations in the Constitution and the Statute of the Child and Adolescent that forbids criminal punishment of persons under 18 years of age. Individuals from all sides of the argument are currently being heard by the house.

Representatives from the OAB have said this change would not help fight crime. According to Marcus Furtado Coelho, the president of the OAB, the proposal does not accomplish its intended purpose and the criminal justice system would not be fulfilling its role as the current prison system does not reintegrate the detainees into society.

Raquel Elias Dodge, a federal prosecutor, added in her argument that criminal punishment of persons under 18 years old does not allow for the rehabilitation of young offenders. Only proper education measures can handle that, which will not be available if they are locked away.

“In the end, the goal of the regulation is to recover this youth and not to punish. Allow him to have a healthy life, a future,” Dodge said.

This outcome could affect anyone traveling or doing business in the country. Those individuals should seek out Brazilian lawyers to make sure they understand the laws if they change.

June 7, 2013

Factors on selecting an Arbitrator

Anyone who has ever seen court proceedings is aware of the key players in trial settings. Prosecutor, defense attorney, judge, and bailiff are nearly always present, but there are other ways that disputes between parties can be settled that require a different group of legal professionals. One of them is the arbitrator.

One who acts as a “judge” at an arbitration hearing—another form of legal dispute resolution that is similar to a trial—an arbitrator is chosen earlier on in the legal process. It is not uncommon for parties and lawyers to gather and discuss the possible candidates. There are several different factors that must be considered when selecting the right arbitrator.

Part of the Arbitration Act covers the arbitrator selection process, as it mandates impartiality, however, there are many more factors to be considered aside from independence. These include things like competence, diligence and discretion.

The arbitrator selection process will be affected by the nature of the case. An arbitrator for a case involving the building of an airport may not be considered the best option for dispute resolution in a niche industry like coffee beans. There are also cases that require specific procedural knowledge that will make more experienced arbitrators more attractive. If that case is international, a candidate who speaks the respective language with enough authority to discuss legal matters should be the first choice.

With all these factors considered, the parties’ lawyers can come together and select the candidates they want. To ensure a fair proceedings for both parties, selecting the right arbitrator is key.

June 4, 2013

Brazil continues to combat piracy

The act of intellectual privacy is a major concern in nearly every business sector. As more data is being stored digitally, the ability to steal information is becoming easier and the need for businesses to protect themselves against cyber criminals is growing. In Brazil, the National Plan to Combat Piracy is offering resistance to the crime.

On May 14, the National Council to Combat Piracy and Offenses Against Intellectual Property revealed the third edition of its plan. The new rules and regulations will be enforced until 2016.

There are a number of different things that the latest edition of the plan hopes to accomplish. The first is the creation of an observatory that will conduct research on the topic. Second, is the creation of state organizations that will combat piracy and the training of the agents that will be a part of that group. Cities that are a part of the 2014 FIFA World Cup—which Brazil is hosting—will get additional training to stop the sale of fake products.

There will also be a public education piece to the new rules. This will be done to teach the public about the dangers of buying counterfeit products, something that 38 percent of Brazilians said they have done in the last year, according to a survey by the Federation of Commerce of Rio de Janeiro.

This need for increased protection against piracy is important as the World Trade Organization has warned Brazil to do so. Companies that are considering doing business in the country should have lawyers in Brazil to help keep their products from being pirated.