Legal Letter - August 2009

Labor organizations are given voice in environmental licensing procedures
The Ministry of the Environment (MMA) and the Brazilian Institute for the Environment and Renewable Natural Resources (IBAMA) issued Joint Ordinance 259 on August 7, 2009, introducing some changes to the environmental impact assessments and statements (EIA/RIMA) required for licensing of all undertakings that may have an impact on the environment. <<read more>>

New rules on motions for writ of mandamus
Federal Law 12,016 was enacted on August 7, 2009, introducing new rules on the motion for writ of mandamus (mandado de segurança) set out in article 5, LXIX of the Federal Constitution, and repealing the ancient rules on this matter (some of them dating back to the 1950s and 1960s). <<read more>> 

Decree consolidates FNDCT rules
President Lula da Silva issued Decree 6,398 on August 13, 2009, regulating Law 11,540 of 2007 which deals with the National Scientific Research and Technology Development Fund (FNDCT). <<read more>>

National Treasury Attorney's Office gives green light to judicial bond insurance for tax liabilities
On August 13, 2009, the National Treasury Attorney's Office (PGFN) issued Ordinance 1,153, setting out the general rules and requirements for acceptance of judicial bond insurance (seguro garantia) as security of past-due federal tax liabilities (dívida ativa). <<read more>>

Anti-money laundering rules consolidated by the Central Bank of Brazil
The Central Bank of Brazil issued Circular 3,461 on July 24, 2009, consolidating and improving the anti-money laundering (AML) rules and procedures to be adopted by financial institutions in lieu of a sparse set of all-too-general and somewhat confusing regulations applying until then. <<read more>>

ANEEL regulates power line communications (PLC)
After receiving 163 suggestions from electricity, telecommunications and other industry players between March 12 and May 11, 2009, the National Electricity Agency (ANEEL) issued Normative Resolution 375 on August 27, 2009, regulating the use of electric power infrastructure to carry digital or analog signals. <<read more>>

CADE to defend its landmark decision against vertical restraints of trade before the Judiciary Branch
In the recently judged AMBEV case, CADE (the Brazilian primary competition authority) has decided that fidelity discount arrangements between AMBEV (the largest beverages company in Brazil) and several resellers amounted to illegal exclusivity agreements that reduced competition, foreclosed the market, and raised rival costs. <<read more>>

Acknowledgments:

Partners Esther Donio B. Nunes, Gilberto Giusti, Raphael de Cunto, Marcos Chaves Ladeira, Werner Grau Neto, Bruno Balduccini, Leonardo Peres da Rocha e Silva, Diógenes Mendes Gonçalves Neto and Ricardo Simões Russo
and
Associates Renata Husek, Felipe Hak Cavalheiro, Henrique Shindi Maehara, Jorge Tuffi Pasin Dib Cassab, Julia Peixoto de A. Arruda, Laura Baracat Bedicks, Roberto Panucci Filho, Roberto Zilsch Lambauer, Tatiana Bacchi Eguchi and William Roberto Crestani, contributed to this issue.

This is a monthly publication of Pinheiro Neto Advogados issued with the intention of providing our clients with news on developments in the legal field that may affect their businesses or personal affairs. For your convenience, this newsletter is also published on our web page. Copyright © 2009 by Pinheiro Neto Advogados. All rights reserved.