Boletim Jurídico 01/2020 (Agosto – Setembro/20)

LEGISLAÇÃO

Nos últimos 30 dias, tivemos a publicação de importantes textos normativos, na imensa maioria relacionados às demandas trazidas pela pandemia da COVID-19. Confira os principais textos publicados:

  •  Lei 14.040 (18/08/20) – estabelece normas educacionais excepcionais a serem adotadas durante o período de calamidade pública decorrente da pandemia. Foi garantida a dispensa, em todos os níveis educacionais (Infantil/fundamental/médio/superior),  do cumprimento mínimo de dias de efetivo trabalho escolar e cumprimento de carga horária mínima, neste último somente na educação infantil. Também foi regulada a questão relativa ao ensino online, em caráter substitutivo às aulas presenciais neste período.
  • Leis 14.042 e 14.044 (19/08/20) e 14.045 (20/08/20) – estabelecem programas emergenciais de acesso a crédito, com recursos do BNDES, para as seguintes atividades: (a) PEAC – FGI, para acesso a empresas com faturamento entre R$ 360.000,00 e R$ 300.000.000,00; (b) Programa Emergencial de Suporte e Empregos, para pagamento de folha de salários em empresas com faturamento entre R$ 360.000,00 e R$ 50.000.000,00; (c) PRONAMPE, estendido para profissionais liberais que atuem como pessoa física, limitado o financiamento a R$ 100.000,00.
  • Lei 14.046 (24/08/20) – regula o adiamento e cancelamento de serviços, reservas e eventos relacionados aos setores de turismo e cultural. Por meio da lei, fica garantida a remarcação dos serviços e reservas dos eventos adiados ou a disponibilização do crédito para abatimento na compra de outros serviços, reservas e eventos, ou mesmo reembolso (em até 12 meses).
  • Medida Provisória 1.000 (02/09/20) – estende o auxílio emergencial decorrente da pandemia até 31/12/2020, no valor de R$ 300,00, bem como as condições para manutenção do recebimento do benefício.
  • Decreto 10.470 (24/08/20) – prorroga os prazos, em mais 60 dias, da redução proporcional de jornada de trabalho e de salário e da suspensão temporária dos contratos de trabalho, limitado a 31/12/20.
  • Decreto 10.480 (01/09/20) – dispõe sobre medidas para estimular o desenvolvimento da infraestrutura de redes de telecomunicações.

JURISPRUDÊNCIA – TRIBUTÁRIO

  • STF (12/08/20) – Em julgamento do Tema 796, o Tribunal decidiu que não há imunidade tributária do Imposto sobre a Transmissão de Bens Imóveis (ITBI) caso o valor do imóvel seja maior do que o capital social da empresa.
  • STF (21/08/20) – Em julgamento do Tema 906, o Tribunal decidiu pela constitucionalidade da incidência do IPI no desembaraço aduaneiro de produto industrializado, bem como na saída do estabelecimento importador para revenda no mercado interno. Entendeu-se que não representa dupla tributação e não resulta em ofensa ao princípio da isonomia tributária.

JURISPRUDÊNCIA – TRABALHISTA

  • TRT-2ª Região (17/08/20) – Em julgamento de recurso ordinário, a 1ª Turma do Tribunal manteve a demissão, por justa causa, de empregada que havia transferido para uso próprio a lista de contatos do aparelho celular fornecido pela empresa (1000445-25.2019.5.02.0011).

JURISPRUDÊNCIA – CÍVEL/EMPRESARIAL

  • STF (28/08/20) – O Tribunal decidiu que o instituto do usucapião urbano, previsto na Constituição Federal (artigo 183), também se aplica a apartamentos em condomínios residenciais, e não apenas a lotes urbanos. A decisão foi proferida no Recurso Extraordinário (RE) 305416.

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