Publications - Ernesto Borges Advogados

Intellectual Property 21/11/2024

From Leme to Pontal: On T-shirts, It’s a Shame, but at the Bar, It’s Fair Game!

In less than a month, Brazil’s Superior Court of Justice (STJ) ruled differently on two appeals filed by the estate of Tim Maia, both involving the unauthorized use of excerpts from the artist’s musical works. On September 10, the Third Panel of the STJ, upholding the decision of the Court of Appeals of the…

Sem categoria 19/11/2024

Effect of Digital Signatures in Banking Contracts: Reflections based on REsp No. 2.159.442-PR

The decision of the Superior Court of Justice (STJ) in Special Appeal (REsp) No. 2.159.442-PR raised important reflections on the effect of digital signatures outside the ICP-Brasil system, with direct implications for the formalization of banking contracts. The Third Panel of the Superior Court of Justice, through the report of Justice Nancy Andrighi, recognized…

Environmental 13/11/2024

Carbon Credits and Restoration of Public Forests

BNDES signs a cooperation agreement facilitating the first concession project aimed at the restoration of degraded areas with revenues from the sale of carbon credits Forest concessions were introduced into the Brazilian legal system through Law 11284/2006 (Public Forest Management Law – LGFP) with the support and enthusiasm of various sectors of society, especially…

Banking and Financial Services 12/11/2024

Payroll Loans: New Payroll Rules for Retirees and Pensioners and Challenges of Judicialization

As of January 02, 2025, the new rules for payroll loans for retirees and pensioners under the Social-Security Authority (INSS) will come into force, pursuant to PRES/INSS Normative Instruction No. 172, dated August 28, 2024.[1] Among the main changes is the flexibility of the exclusivity period for the offer of credit facilities, which previously set…