Post by xyz3600 on Feb 25, 2024 7:00:15 GMT
After passing through the Joint Committee of the Chamber of Deputies, the Conversion Bill 17/2019, originated from modifications to Provisional Measure 881, awaits a vote by the Chamber, and is expected to take place this Tuesday (13/8). When it emerged, MP 881, also known as the "MP for economic freedom", received numerous accolades for its objective of reducing bureaucracy in economic activity in the country. There is agreement around the diagnosis of a problem: the costs that bureaucracy brings to business operations are very high. This is a consensus based on data: the economic freedom index prepared by the Heritage Foundation and the Wall Street Journal placed Brazil in 150th place. According to the World Bank's Doing Business report , Brazil is in 109th position in terms of ease of doing business.
In the Chamber, the MP's text received 301 amendments, of which 126 were partially or fully accepted. The wording of the PLV has been the target of criticism, mainly for having included some “jabutis” (amendments unrelated to the MP theme), such as a mini labor reform that many experts believe will increase the vulnerability of Brazilian workers. Until the PLV is signed by Bolsonaro, the MP remains Middle East Mobile Number List in force. The text currently being processed changes several rules relating to the legal interpretation of contracts. One of the new features proposed by the PLV is the creation of a rule that establishes that all Business Law rules are subsidiary to the agreement. What is agreed may be a priority because it may be more specific. The specific makes observation of the general unnecessary.
Another relevant change present since the original text concerns precisely this issue of contractors' experience parameters. It must be assessed, however, that the contractual specificities cannot be contra legem nor violate the general principles of Law, such as good faith. Good faith in business contracts takes into account that agents are businesspeople, individuals who understand well what they sign and who know what the customary rules of their markets, prices, uses and customs are. Business contracts should not be interpreted like others that govern civil relationships between individuals, however, this does not mean that they should not observe the dictates of legality and good faith. Furthermore, this is a contradictory prediction, as it is still a rule of Business Law, and is therefore equally subsidiary. It is doubtful how such rules can be subsidiary, given that they are constitutive of the formation of any business contract.
In the Chamber, the MP's text received 301 amendments, of which 126 were partially or fully accepted. The wording of the PLV has been the target of criticism, mainly for having included some “jabutis” (amendments unrelated to the MP theme), such as a mini labor reform that many experts believe will increase the vulnerability of Brazilian workers. Until the PLV is signed by Bolsonaro, the MP remains Middle East Mobile Number List in force. The text currently being processed changes several rules relating to the legal interpretation of contracts. One of the new features proposed by the PLV is the creation of a rule that establishes that all Business Law rules are subsidiary to the agreement. What is agreed may be a priority because it may be more specific. The specific makes observation of the general unnecessary.
Another relevant change present since the original text concerns precisely this issue of contractors' experience parameters. It must be assessed, however, that the contractual specificities cannot be contra legem nor violate the general principles of Law, such as good faith. Good faith in business contracts takes into account that agents are businesspeople, individuals who understand well what they sign and who know what the customary rules of their markets, prices, uses and customs are. Business contracts should not be interpreted like others that govern civil relationships between individuals, however, this does not mean that they should not observe the dictates of legality and good faith. Furthermore, this is a contradictory prediction, as it is still a rule of Business Law, and is therefore equally subsidiary. It is doubtful how such rules can be subsidiary, given that they are constitutive of the formation of any business contract.