On 1 February 2023, State Decree No. 112/20231 was published, establishing the take-back requirements system for packaging in the state of Mato Grosso. The decree is the first specific regulation on the subject in MT, regulating the state policy for solid waste (Law No. 7,862/2002) in this regard.
On 12 January 2023, Provisional Measures, Decrees and Ordinances were published with the purpose of reducing the Federal Government’s budget deficit.
The Brazilian Federal Revenue Service’s Normative Instruction No. 2119, published on 6 December 2022, amended the provisions on the requirements to the General Taxpayer’s Registry under the Brazilian Federal Revenue Service, as well as the provisions related to the Disclosure of Ultimate Beneficial Owner with the Federal Revenue Service.
On 17 January 2023, State Decree nº 16,089/20231 was published, establishing and updating the take-back requirements system for packaging in the state of Mato Grosso do Sul. In summary, the decree becomes the new regulatory standard on the take-back requirements system for packaging in the state.
IBAMA Directive No. 16, which became effective on 5 December 2022, introduced a system for Forestry Traceability Source Document (DOF+)as a tool for issuance, management and monitoring of mandatory licenses for the transport and storage of forestry products from native species in Brazil.
This a reminder that the end of December is the legal term for companies that receive foreign investment to comply with the Declaration of Economic and Financial Information by submitting their financial data, related to the base date of 30 September 2022, in the Central Bank’s system, as per Resolution No. 3,844, of 23 March 2010, of the Brazilian National Monetary Council and Circular No. 3,814, of 7 December 2016, of the Central Bank.
On 7 September 2022, Brazil and the UK issued a joint declaration announcing the intention to start negotiating a double tax convention. This announcement came off the back of a number of years of discussion to progress both policy and technical issues – hence the treaty was able to be signed on 29 November 2022, within three months of that announcement. The treaty has not yet entered into force – this will happen upon completion of the legal procedures required by both countries, but it is not yet clear how long this will take.
On 29 November 2022, the Plenary of the Federal Senate approved the final text of Bill of Law No. 4,401/2021 in which the Deputy Expedito Netto is the rapporteur. Currently, PL No. 4.401/2021 is in the final processing stage, which consists of the Brazilian president’s sanction. In summary, PL No. 4,401/2021 aims to regulate service providers of the “virtual assets” market (which includes the denominated “cryptoassets”), as well as adapt the wording of the Brazilian Penal Code, the Brazilian Law on Crimes against the National Financial System and the Brazilian Law on Crimes of Money Laundering or Concealment of Assets, Rights and Values.
On 24 November 2022, Decree No. 67,301/2022 was published by the government of the state of São Paulo and provided for the administrative liability of legal entities for the practice of acts against the public administration in the city. The decree, which came into effect on the date of its publication, establishes the competence to judge administrative infractions and sets the jurisdictional authority to initiate an Administrative Liability Proceeding and the procedural norms for its execution.
After a long legislative process, a new Brazilian Federal law on cartel damages claims was enacted and entered into force (Law No. 14.470/2022) on 17 November 2022. The statute comes with new provisions that are expected to significantly increase incentives for these lawsuits in Brazil. According to the new statute, those who suffered damages due to cartel agreements and concerted practices affecting Brazilian markets will be able to reclaim twice the value of their losses.