Post by account_disabled on Jan 11, 2024 2:17:08 GMT -5
According to the CLT, companies are responsible for the acts of their employees. Lawyers interviewed by Gazeta Mercantil understand that this rule extends to the use of corporate email. This means that if an employee commits an illegal act, the company can be taken to court and will be held responsible for the damage. The suggestion is that the employer creates a protocol with the rules for using email.
“If the company makes it clear Special Data to the employee that the email is for professional use, it can take legal action against the employee who committed the damage and charge for the loss,” lawyer Juliana Canha Abrusio told Gazeta .
ICMS on imports
Valor Econômico reports that the 1st Public Law Chamber of the São Paulo Court of Justice accepted a company's request to stop collecting ICMS on imports made in 2002 and 2003. The company, according to the newspaper, acquired the products for its own use .
Until 2001, the Federal Supreme Court understood that ICMS should not be levied on the import of products intended for personal use. With the approval of Constitutional Amendment 33, of 2001, the possibility for individuals or legal entities to pay the tax was included in the text of the Federal Constitution. However, the TJ understood that there must be an ordinary state law to regulate the charge.
Profit sharing
Social Security auditors increased supervision over the division of companies' profits. The DCI found that the concern is that the divided amounts are not a way of circumventing the tax authorities. To pay Profit Sharing, companies must comply with all requirements set out in Law 10.101/00. Fines for non-compliance with the rules range from R$300,000 to R$90 million.
Compensation of court orders
State deputy Adilton Troca (PSDB) presented a bill in Rio Grande do Sul to apply the compensation of late court orders with tax debts. According to Valor , the proposal provides that debts registered in active debt may be compensated with court orders, including from third parties. Food court creditors will be able to use them to pay state taxes, purchase goods at auctions and as collateral in banking transactions with Banrisul. The only state that supports compensation is Paraná.
A committee of the National Council of Justice is establishing the criteria for magistrates to be able to teach. According to Valor , the proposal is in the final stage and must go through the CNJ plenary. The idea came from two judges, who requested regulation through an administrative procedure.
Coca-Cola Secrets
Two of the three Coca-Cola employees accused of stealing the company's secret have pleaded guilty. According to the DCI , the idea was to sell the secret to Pepsi, the company's biggest competitor. The three were arrested in July, in the United States. American prosecutors indicted them for the crime of gang formation. The penalty is up to 10 years in prison. The sentence will be announced in January 2007.
Breach of confidentiality
The State of S. Paulo states that the Federal Police will ask for the breaking of the telephone confidentiality of José Dirceu, former minister of the Civil House. Agents intend to have access to calls made and received between August 15th and September 15th. According to the State , Dirceu began to be investigated after the analysis of 800 telephone lines, in which connections between him and Jorge Lorenzetti were identified, four days after the arrest of Gedimar Passos and Valdebran Padilha. They were arrested with R$1.75 million, which would be used to purchase the dossier.
“If the company makes it clear Special Data to the employee that the email is for professional use, it can take legal action against the employee who committed the damage and charge for the loss,” lawyer Juliana Canha Abrusio told Gazeta .
ICMS on imports
Valor Econômico reports that the 1st Public Law Chamber of the São Paulo Court of Justice accepted a company's request to stop collecting ICMS on imports made in 2002 and 2003. The company, according to the newspaper, acquired the products for its own use .
Until 2001, the Federal Supreme Court understood that ICMS should not be levied on the import of products intended for personal use. With the approval of Constitutional Amendment 33, of 2001, the possibility for individuals or legal entities to pay the tax was included in the text of the Federal Constitution. However, the TJ understood that there must be an ordinary state law to regulate the charge.
Profit sharing
Social Security auditors increased supervision over the division of companies' profits. The DCI found that the concern is that the divided amounts are not a way of circumventing the tax authorities. To pay Profit Sharing, companies must comply with all requirements set out in Law 10.101/00. Fines for non-compliance with the rules range from R$300,000 to R$90 million.
Compensation of court orders
State deputy Adilton Troca (PSDB) presented a bill in Rio Grande do Sul to apply the compensation of late court orders with tax debts. According to Valor , the proposal provides that debts registered in active debt may be compensated with court orders, including from third parties. Food court creditors will be able to use them to pay state taxes, purchase goods at auctions and as collateral in banking transactions with Banrisul. The only state that supports compensation is Paraná.
A committee of the National Council of Justice is establishing the criteria for magistrates to be able to teach. According to Valor , the proposal is in the final stage and must go through the CNJ plenary. The idea came from two judges, who requested regulation through an administrative procedure.
Coca-Cola Secrets
Two of the three Coca-Cola employees accused of stealing the company's secret have pleaded guilty. According to the DCI , the idea was to sell the secret to Pepsi, the company's biggest competitor. The three were arrested in July, in the United States. American prosecutors indicted them for the crime of gang formation. The penalty is up to 10 years in prison. The sentence will be announced in January 2007.
Breach of confidentiality
The State of S. Paulo states that the Federal Police will ask for the breaking of the telephone confidentiality of José Dirceu, former minister of the Civil House. Agents intend to have access to calls made and received between August 15th and September 15th. According to the State , Dirceu began to be investigated after the analysis of 800 telephone lines, in which connections between him and Jorge Lorenzetti were identified, four days after the arrest of Gedimar Passos and Valdebran Padilha. They were arrested with R$1.75 million, which would be used to purchase the dossier.
