Leo Meirelles do Amaral

The Multidisciplinary Law and Technology Journal - 3rd Ed. - 2024 is now available, featuring an article I wrote with Gabriela Barreto titled: 'The Use of Artificial Intelligence in the Supreme Courts of Brazil and the United States’.

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Empowering Cities to Boost Family Well-being Family well-being is increasingly becoming a central focus for city governments. At the U20 Summit, mayors and city officials from around the world shared insights on specific proposals aimed at empowering cities to deliver on these priorities. The discussions centered around the crucial role cities play in addressing global challenges such as climate change, urban finance, and social #equity, all of which directly impact the quality of life for #families.

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🔔 Launch of Brazil's National Bioeconomy Strategy On June 5, 2024, Decree No. 12,044 was published, establishing the National Bioeconomy Strategy. This strategy aims to promote a sustainable economic development model that integrates the conservation and regeneration of biodiversity with the valorization of scientific and traditional knowledge. The decree sets a 30-day deadline for the establishment of the National Bioeconomy Commission, which will be responsible for developing the National Bioeconomy Development Plan. This commission will be formed by a joint act of the Ministry of Environment and Climate Change, the Ministry of Development, Industry, Commerce and Services, and the Ministry of Finance. The objectives of the National Bioeconomy Development Plan include defining the necessary resources, actions, responsibilities, goals, and indicators for bioeconomy development, aligning with sectoral policies such as environmental protection, industrial development, science and technology, agriculture, food security, biodiversity, and regional development. It also encompasses thematic areas like financial, normative, and regulatory instruments, data and information management, sustainable infrastructure, and professional and technological education. The plan will be developed within sixty days (60) from the establishment of the National Bioeconomy Commission and aims to foster sustainable and innovative development, benefiting both the environment and the Brazilian economy. This decree represents a significant step towards positioning Brazil as a leader in bioeconomy, promoting sustainability, innovation, and social inclusion. #Bioeconomy #Sustainability #Legislation #Innovation #Environment

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The labor court of appeals of Minas Gerais, Brazil, confirmed the decision that validated the termination for cause of a worker who defamed the employer on the social network, as well as forwarded private messages to its leaders with the aim of tarnishing the company's image. The plaintiff was hired on June, 2019 and dismissed for cause on March, 2023. She denied having committed serious misconduct, arguing that, despite having made the post on the social network, there was no exposure of the employer's image. This is because there would have been no mention of the company's trade name, known in the market, but only the corporate name. She also argued that there was no gradation of the penalty. In this context, the professional required the reversal of the termination for cause with payment of the pertinent amounts. However, when examining the appeal, the considered the termination for cause to be correct, "due to an act harmful to the employer's honor". The appeals court confirmed the sentence from the trial court of Juiz de Fora, Brazil, "on its own grounds". The decision rejected the plaintiff's argument that there had been no exposure of the company, considering that it was well known that a business group acquired the supermarket where she worked. Messages were listed such as: the company is "horrible", that it does not give "real opportunities", "they only deceive us", as well as "the work is slave". According to the decision, the plaintiff's malicious intention to publicly defame the company was evidenced. Once the fault was proven, the termination gor cause was maintained. The ruling, endorsed by the appeals court, discussed the responsibility for conducts practiced on social networks: "The digital medium, for some decades, has been allowing its use, often irresponsibly, to exceed the limits of the claims that are recognized when the appropriate legal means are duly used, violating and affronting the rights of image and privacy that are pillars of the Republic. This court has been noticing over the last two decades the succession of cases involving the application of termination for cause in identical circumstances, which also demonstrates the need for regulation of the media and accountability of its users, whenever there is an abuse of information, responses and manifestations that go beyond the ordinary. The popularization of access to the media has established a growing number of 'opinion commentators' whose acts violate constitutionally protected rights, and are not exempt from responsibility." In these terms, considering that the termination of the employment contract for cause was proportional to the wrongful conduct, the appeals court dismissed the worker's appeal.

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On May 23, at the 13th Summit on Anti-Corruption, Integrity & ESG in São Paulo, organized by American Conference Institute , I had the pleasure of interviewing Luiz Navarro, the Chief Compliance and Risks Officer at BNDES. In the aftermath of the Car Wash operation, BNDES faced challenges in regaining relevance and reputation. Luiz emphasized the importance of implementing stricter internal controls and compliance measures to rebuild trust and transparency. BNDES is focusing on strengthening due diligence procedures and assessing the severity of red flags to mitigate risks in financing decisions. BNDES is actively exploring mitigation strategies and corrective action plans for companies with red flags, aiming to harmonize compliance requirements with business imperatives. One notable shift is that companies seeking BNDES credit lines will now be required to present their compliance programs. This move aligns with BNDES's commitment to upholding integrity and aligning with regulatory standards. It is expected that BNDES will adhere to the guidance provided by the CGU (Controladoria-Geral da União) to enhance its compliance practices further. Overall, my interview with Luiz Navarro shed light on the proactive measures BNDES is taking to navigate the evolving compliance landscape and ensure responsible financing practices. Through a strategic focus on compliance, risk management, and transparency, BNDES is poised to strengthen its position as a leading financial institution committed to integrity and sustainability. #BNDES #Compliance #ESG #CGU #Integrity #tozzinifreire #CorporateGovernance

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DECUMULATION IDEAS #113. The devastation from Hurricane Helene, especially in #NorthCarolina #Florida #Georgia, hopefully brings this country together to help fellow citizens in distress! Additionally, it could be an opportunity for intelligent governors to also address big social issues like #retirement security and funding #education (and sadly a missed opportunity in #Maryland Gov. Wes Moore Rick Nelson Kathleen Kennedy Townsend , though not too late). When you have devastation that requires long-term funding to rebuild, US states might want to follow the lead of #G20 President #Brazil, that issued two innovative long-term bonds ideally suited for such funding, Julia Wiltgen kindly covered this idea seeded by my dear friend Luciene Miranda when the Brazilian south was devastated by floods! https://lnkd.in/gWPHbQcF Happy to help any state (PRO-BONO) that is interested to achieve multiple social goals. You would be helping pensioners nationally (hopefully even the Virginia Retirement System, where I briefly served as an advisor, as their current DC plan products offer a random retirement outcome and they could improve their plan for underpaid public employees by buying these bonds and GUARANTEEING a REAL RETIREMENT INCOME), while helping your citizens and my fellow countrymen rebuild their lives! NATIONAL ASSOCIATION OF STATE TREASURERS FOUNDATION INC National Association of State Treasurers

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For the international transactional lawyer, this change limiting the selection of Brazilian judicial forums will change the analysis undertaken in drafting cross border contracts. For example in situations involving a transaction between a US company and a Brazilian company, where one is forced to specify a Brazilian judicial forum because arbitration is not a viable option, the US company in the past often tried to mitigate the "home court" advantage of the Brazilian company by specifying a Brazilian forum different from that where the Brazilian company had its center of operations--a forum that in many instances may be recognized as more sophisticated and competent because of the sophistication of its business community. So for instance, where a US company is undertaking a transaction with a company based in Recife, the US company might require the dispute to be heard in São Paulo. With the new law, that may no longer be a viable option as an overworked court in the designated forum may try to clear its docket of any future dispute by relying on the new law to dismiss the action, even where the parties are both content on using the selected forum. At the very least, the parties selecting a forum should in the forum selection clause, specify why the selected forum has specific ties to the forum justifying its selection to try to withstand future actions based on the new law designed to alter that choice. As noted in the article, the change in law will also likely have an impact on arbitration clauses. For agreements where enforcement of an arbitration decision would require action in a Brazilian court (because, for example where the Brazilian party only has assets in Brazil), it has been common to specify arbitration on Brazilian soil--albeit in the English language using international rules. Enforcement of such arbitration decisions rendered on Brazilian soil in Brazilian courts did not require homologation (which has been abused by Brazilian parties trying to avoid enforcement), as would be the case for an arbitral decision not rendered on Brazilian soil. Now in those instances one has to take into account the requirements of the new law in designating the specific city where the arbitration should occur. The seat of arbitration can be determinative of what forum is to be used to litigate issues involving arbitral issues including enforcement of arbitral decisions.

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