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O IBAHRI exorta as profissões jurídicas no Brasil a trabalharem pela melhoria das condições prisionais

COMUNICADO À IMPRENSA: sexta-feira, 13 de janeiro de 2017. Diante das rebeliões ocorridas em presídios de Manaus e Roraima no Brasil, os quais resultaram na morte de cerca de 100 pessoas e na fuga de diversos presos, o Instituto de Direitos Humanos da International Bar Association (IBAHRI), exorta as profissões jurídicas do país a trabalharem com urgência pela melhoria das condições das prisões e pela criação de ambientes nos quais os direitos humanos dos presos e servidores do sistema prisional sejam respe

IBAHRI e ATI requerem que Brasil revogue o Decreto Presidencial que desmantela o Mecanismo Nacional de Prevenção e Combate à Tor

A Instituto de Direitos Humanos da Associação Internacional de Advogados (“IBAHRI”) e o Iniciativa Anti-tortura (“ATI”) expressam grande preocupação e condenam a decisão do Governo brasileiro de estabelecer severas limitações ao trabalho do Mecanismo Nacional de Prevenção e Combate à Tortura (“Mecanismo Nacional”). A medida representa uma perigosa redução da proteção dos indivíduos privados de liberdade.

Brasil: Novo relatório da IBA mostra sub-representação de mulheres em níveis seniores em todos os setores do direito

Parte do projeto “50:50 até 2030”, o relatório examina a disparidade de gênero na profissão jurídica no Brasil.

Site visit model protocol for international arbitration

In the experience of the Working Group for the Site Visit Model Protocol (the ‘Working Group’), site visits can be a helpful procedural tool in international arbitrations. They serve two general purposes.

O Trabalho de prevenção à tortura do IBAHRI no Brasil

In spring 2018, the International Bar Association's Human Rights Institute (IBAHRI) and the Anti-Torture Initiative (ATI) reached the milestone of conducting tailored programmes in all five regions of Brazil on torture prevention and implementing the Istanbul Protocol. The IBAHRI has worked in Brazil since 2010 to support the country in its commitment to eradicate torture as part of its obligations under international law

Differing site conditions: contrasting the English and US legal systems

Differing site conditions: contrasting the English and US legal systems

Is it safe for construction sites to stay open?

When everything is going online and staff are being asked to work from home, one can still hear construction activities going ahead in several sites in central London and beyond. This article aims to explore the arguments for and against keeping construction sites open during the London lockdown due to the Covid-19 pandemic. If a second wave of the virus eventuates, we may need to address these difficult questions again.

A conversation with... O Gon Kwon

O-Gon Kwon is an attorney-at-law at Kim & Chang and serves as the president of the firm’s International Law Institute.

Risk management and contractual risk allocation in subsea site investigations and installation activities for offshore wind farms

Law firm management: planned A&O and Shearman deal among largest sector has seen

In late May, UK Magic Circle firm Allen & Overy (A&O) and New York-based firm Shearman & Sterling announced plans to merge.

First Chinese special representative securities action spikes demand for D&O insurance, but coverage availability remains unclear

Purchasing directors and officers insurance (D&O insurance) is a standard practice for public companies in the United States. The same is not standard practice in another major economic power, China, but that may no longer be the case. The demand for D&O insurance has recently spiked in China in response to the new Chinese Securities Law that went into effect in March 2020.

IBAHRI apresenta amicus curiae sobre jurisdição militar ao Supremo Tribunal Federal do Brasil

O International Bar Association’s Human Rights Institute – IBAHRI (Instituto de Direitos Humanos da International Bar Association) apresentou uma petição de amicus curiae ao Supremo Tribunal Federal do Brasil sobre as leis, normas e padrões regionais e internacionais de direitos humanos, a respeito da jurisdição militar em face de graves violações dos direitos humanos em tempo de paz.

Prevenção à tortura no Brasil - assistir vídeo

News release, Tuesday 12 November 2018. O Instituto de Direitos Humanos da International Bar Association (IBAHRI) divulgou um vídeo sobre prevenção à tortura no Brasil no qual atores interessados locais e especialistas internacionais opinam sobre o histórico da tortura no país e os desafios atuais para sua prevenção e persecução penal. O vídeo também ilustra como o trabalho do IBAHRI está contribuindo para fortalecer a capacidade de o Brasil defender seu compromisso tanto nacional como internacional com a

Brazil: the need to set limitations on criminal liability of compliance officers

By João Augusto Prado da Silveira Gameiro. Brazil: the need to remove limitations on criminal liability of compliance officers - Criminal Law/Business Crime Committees

The law and economics doctrine and the alternative dispute resolution methods applied to construction agreements

Brazilian regulatory expectations for connected medical devices

This article examines the cybersecurity and data protection requirements for connected medical devices in Brazil, integrating the Brazilian Health Regulatory Agency’s (Agência Nacional de Vigilância Sanitári or ANVISA) device safety guidance (including Guide No. 38/2020) with the General Data Protection Law’s (Lei Geral de Proteção de Dados Pessoais or LGPD) obligations when dealing with sensitive health data. The article concludes with a set of practical measures to align clinical safety, regulatory compliance and resilience during Internet of Medical Things (IoMT) and software as a medical device (SaMD) deployments.

Brazilian Law no. 14,034 and its impact on airlines

The present article aims to explore the recent changes in Brazilian regulations brought by Law No. 14,034/20, expected to aid airlines and industry players during the coronavirus (Covid-19) pandemic, as well as its impacts on the future development of the aviation sector and the possible creation of a more business-oriented regulatory environment.

The EU’s Digital Markets Act: Opportunities and Challenges Ahead

As witnessed in a series of studies, analyses and papers published over the course of 2019−2020, an international consensus was emerging that the public policy concerns arising consistently in connection with digital platforms either required a fundamental rethink of how competition policy should address such concerns or provide the rationale for the creation of a sui generis regulatory regime. If the latter approach were to be chosen, this would mean that competition policy would be left with a complementary role to play, and one that would logically be directed at new modes of commercial behaviour. The genesis of such a public policy choice in the European Union was brought into sharp focus by the protracted competition law investigation into various commercial practices of Google in internet search by the European Commission (the ‘Commission’), which had been ongoing since 2010 and which had to wait to be resolved by the vindication of the Commission’s 2017 decision before the General Court as late as November 2021. In response to the demands by EU Member States that appropriate action be taken to compensate for the slow and arguably ineffective application of EU competition rules, a draft regulatory package was introduced by the Commission in December 2020 that would regulate key problematic business practices of large digital platforms across the EU. Whereas the so-called Digital Services Act was to deal with critical public policy issues that were consumer-facing, it was the Digital Markets Act (DMA) that laid out the unique regime that would apply economic regulation to large digital platforms. The object of this article is to: (1) provide an outline of the defining elements of the DMA; and (2) identify key aspects of that legislation, whether from a substantive, procedural or institutional point of view, where the intended outcomes of the DMA might be compromised.

Electric power grids – how to achieve reliability, resilience and security with a growing share of intermittent sources. Are smart grids and BESS the solution?

Brazil’s energy sector is undergoing a rapid transformation, driven by the increasing integration of solar and wind power. While these sources offer environmental and strategic benefits, their intermittent nature poses significant challenges for grid stability. As the National Interconnected System struggles with technical and regulatory deficiencies, technological solutions such as smart grids and battery energy storage systems (BESS) become crucial to ensure reliability, flexibility and energy security. Swift regulatory action will be essential for the integration of smart grids and BESS, and, by extension, for the success of Brazil’s energy transition.

The rise of M&A and venture capital investments in the Brazilian healthcare sector

Brazilian M&A and venture capital investments have been boosted by the pandemic and by the regulator’s greater openness to technology and innovation, as this article explores.

Limits to compliance officers’ criminal liability in Brazil: the role of compliance in the society of risk

Modern society is a society of risk. This phenomenon was first described by Ulrich Beck as being a consequence of the modern society. According to Beck, risk is omnipresent because society is increasingly occupied with debating, preventing, and managing risks that it has itself produced. One of the consequences of the risk society phenomenon is the development of new criminal doctrines which seek to maximise prevention in the face of new criminal threats (‘criminal law for risks’).

Limits to directors’ and officers’ liability for fraud or corruption in Brazil: arbitration involving state-controlled entities

Brazil is currently focused on privatising state-controlled entities. While this may present great investment opportunities, given Brazil’s issues with corruption, it carries a considerable amount of risk. This article establishes practices and precautions to uphold investors’ interests in cases of corruption, fraud or mismanagement. In doing so, it will endeavour to compare the US and Brazil’s statutes of limitation rules, proceeding with a practical analysis of civil actions for damages filed by investo

Risk-sharing agreements in the incorporation of innovative technologies by the SUS

Incorporating new pharmaceutical technologies is one of the main challenges facing Brazil’s Unified Health System (SUS). Inspired by the United Kingdom model, Brazil’s National Commission for the Incorporation of Technology in the SUS (CONITEC) has based the analysis of incorporation on a combination of cost and effectiveness. However, in many cases, uncertainty remains about the advantage of replacing technologies due to the need for more sufficient data, which delays public access to these treatments through the regular channels.

Life sciences deals in Brazil in the post-pandemic era

M&A activity in Brazil in the healthcare and life sciences sectors soared during the coronavirus pandemic. However, in the aftermath, dealmaking has been drastically affected. Despite the challenges, the current post-pandemic landscape unveils new opportunities, targeting low-risk, complementary and profitable businesses in search for synergy and efficiency.

Climate crisis: COP30 highlights importance of international cooperation

Unlike many COPs before it, November’s climate summit grappled with some of the real-world challenges of reducing emissions – from global trade to the risks and opportunities of the energy transition.

EU, UK & US ‘Sanctions’: Procedural and Substantive Impact on International Arbitration?

There has been tangible change in international commercial relations in light of the 2022 economic sanctions imposed by the EU, UK and US following developments in Ukraine in February 2022. Lord Mance (at a Global Arbitration Review ‘GAR Live London’ in July 2022) made the comment ‘by far the most likely effect of sanctions in international arbitration is to the funding of cases outside Russia where one party is sanctioned and their assets frozen’. This article considers the implications on international arbitration from both procedural and substantive perspectives. It also touches on the implications under international law. In short, there are a number of ‘procedural’ difficulties to ongoing international arbitrations and on the ability to effectively enforce international arbitral awards. There are also risks, although more limited in scope, to substantive provisions of contract which may or may not lead to an increase in arbitration. Although there will be changes and limitations to international arbitration in light of the EU, UK and US sanctions, this article concludes that those limitations and will be minimal in scope and application. This is because arbitral rules and tribunal case management powers can happily regulate the disruption caused by sanctions. The article also concludes that international arbitration will see an increase in the use of orthodox substantive rights and obligations relating to frustration, impossibility, illegality and hardship. Hardship pursuant to various Civil Codes will be especially popular.

Portugal: cash pooling arrangements and exemption from stamp duty

For more than ten years, multinational enterprise groups operating in Portugal with cash pooling arrangements were faced with the interpretation that such intragroup financing was subject to – and not exempt from – stamp duty. In 2020, the country’s stamp duty code was amended to include a specific exemption applicable to cash pooling arrangements. The question is whether this will work in regard to cross-border arrangements and what remedies may be available.

Pushing the Envelope: Emergency Arbitration Ex Parte

This note addresses principles, practices and pitfalls in respect to preliminary interim measures, that is, temporary decisions in the nature of ex parte preliminary orders taken before hearing the affected party (and sometimes without notice). Overall, the popular phrase ‘pushing the envelope’ provides a metaphorical template for considering whether ex parte preliminary orders ‘attempt to extend the current limits of performance’ or simply ‘go beyond commonly accepted boundaries’.

The Brazilian Competition Authority (CADE) investigates the Soy Moratorium, testing the boundaries between sustainability agreements and antitrust concerns

This article examines the investigation launched by the Brazilian Competition Authority (CADE) into the Soy Moratorium, a multi-stakeholder agreement aimed at curbing deforestation. The investigation is a key development in Brazil’s treatment of sustainability agreements under competition law. The case stems from allegations that the Moratorium operates as a coordinated refusal to purchase soy from non-compliant producers. CADE’s preliminary view characterised the arrangement as a potential buyer cartel, prompting sweeping preventive measures later partially suspended by Brazilian courts. This article compares Brazil’s approach with emerging international guidance, underscoring regulatory uncertainty and the need for clearer CADE standards on environmental cooperation.

Key considerations for effective compliance programmes in the Brazilian healthcare sector

Healthcare may be considered as one of the largest and most complex sectors in the world. Different legal entities and professionals provide services, devices, facilities and insurance, or goods and services to facilitate the provision of healthcare to patients, usually under strong regulation in most countries.