BMA Review #77: Disclosure of ESG information in the Capital Market, right to disconnect, tax transaction and more articles

Adapting to ESG factors has become a necessity for companies of different sizes, sectors and nationalities, but compliance with requirements established by various regulators demands close attention. The lead article in the 77th edition of BMA Review deals with the different ESG disclosure requirements established by Brazil's CVM and the United States' SEC.  

Our quarterly publication also contains articles offering comments on the long-awaited tax transition, the new regulatory framework for railroads, and the constitutional amendment that aims to reduce the volume of appeals to the Superior Court of Justice by limiting them to cases that raise an "important issue" of federal law, along with other current topics.  

Click here to read the entire edition or scroll down to see the table of contents and click on the title to read the articles that interest you. If you have any questions, contact us. 

_{FINANCE AND CAPITAL MARKETS}

Disclosure of ESG information in the Capital Market: a comparison between the brazilian and north american models

By Camila Goldberg and Maria Luiza Belmiro

^{COMPLIANCE, INVESTIGATIONS AND REGULATORY ENFORCEMENT}

The new regulation of the Anti-Corruption Law 

By José Guilherme Berman and André Macedo de Oliveira

With the edition of the new Decree, it is expected that other normative acts of the CGU (General Controller of the Union) will be updated soon, in order to adapt to the new directive.

_{INFRASTRUCTURE AND REGULATORY & GOVERNMENT AFFAIRS}

New regulatory framework for railways and its regulation 

By Ana Cândida de Mello Carvalho

As it is less bureaucratic, the authorization was immediately attractive to the private sector, with ANTT (National Land Transportation Agency) having received dozens of requests for authorization to operate railway services even before regulating the matter. 

_{DISPUTE RESOLUTION}

M&A transactions and personal guarantee from the business partner: is the "uxory grant" necessary? 

By Gustavo Kulesza and Felipe Paschoalini

Recently, the STJ judged a case on the need for a uxory grant when the guarantor guarantees obligations assumed by a company in which she is a partner.

_{SUPERIOR COURTS}

The PEC of relevance in the STJ

By André Macedo de Oliveira and Sarah Roriz de Freitas

Published in July 2022, Constitutional Amendment Number 125 brought important changes to the rite of appeals at the Superior Court of Justice.

_TAX

Advances in the quest to reduce tax litigation in Brazil 

By Letícia Pelisson

The tax transaction is one of these important instruments to extinguish the tax credit, provided for in the National Tax Code since 1966 and regulated at the federal level only in 2020.

_{LABOR AND EMPLOYMENT}

Right to disconnect 

By Cibelle Linero

Although the discussion is not new (including legislation in some countries), it has become even more relevant at the present time, when there are a significant number of employees, around the world, working remotely or, at least, in hybrid regimes.