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Francisco Júnior

Maputo, Mozambique
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About Francisco
Francisco Júnior is a journalist based in Maputo, Mozambique.

STJ annuls million-dollar fine by Cade against Gerdau for alleged cartel

05 Oct 2023  |  www.migalhas.com.br
The 1st panel of the STJ declared the nullity of an administrative process by Cade that fined Gerdau and two other steel companies for alleged cartel formation. The case will be restarted with the production of economic expert evidence requested by Gerdau. The companies were accused of cartel practices in the sale of steel rebar for construction. The STJ's decision emphasized the need for due process and the right to defense through proper administrative procedures.

Understand the INSS requirements to extend the aid

05 Oct 2023  |  www.migalhas.com.br
The article outlines the requirements set by the Instituto Nacional do Seguro Social (INSS) for extending temporary disability benefits, previously known as sickness benefits. Workers unable to return to work after the initial 15-day period can request an extension. If the wait time for a medical examination exceeds 30 days, the benefit is automatically extended. The INSS has limited the number of extension requests to three per benefit, after which a new benefit can only be requested after 30 days. This measure aims to expedite the process and reduce the waiting time for medical examinations.

TRF-4: Conselho de Biomedicina não pode proibir divulgação de estética

04 Oct 2023  |  www.migalhas.com.br
The TRF of the 4th region denied the appeal of the Regional Council of Biomedicine of the 5th region, maintaining a ruling that allows a facial and body massage clinic in Florianópolis to continue advertising its services on social media. The court determined that the advertised activities do not fall under biomedicine. The council had argued that the aesthetic procedures were part of biomedicine, but the judge upheld the decision, stating that the clinic's activities are not inherently biomedical and are subject only to consumer protection laws.

Gilmar Mendes pauses judgment on ICMS Difal in the Supreme Court

04 Oct 2023  |  www.migalhas.com.br
Minister Gilmar Mendes requested a review and paused the analysis of cases regarding the ICMS rate differential (Difal) at the Supreme Federal Court (STF). The court is evaluating three actions to determine whether states can start collecting this tax in 2022 or 2023. The issue began in September with Minister Alexandre de Moraes supporting the 2022 collection, followed by partial divergence from Minister Dias Toffoli, and a differing opinion from Minister Edson Fachin advocating for 2023. The final decision by the STF will standardize the matter, impacting businesses' tax strategies for upcoming sales events.

Judge orders shopping mall to account to tenant

02 Oct 2023  |  www.migalhas.com.br
Judge Lincoln Augusto Casconi of the 5th Civil Court of São José do Rio Preto/SP has ordered a shopping mall to provide a detailed account of the rental charges to a tenant from the start of the lease until the current legal action. The judge emphasized that it is not enough to merely provide documentation of the price formation; the composition of the charges must also be specified. The tenant sought legal action due to the mall's refusal to provide a detailed account of shared expenses. The law firm MSA Advogados e Partners is representing the tenant in this case.

Crimes against democracy

02 Oct 2023  |  www.migalhas.com.br
The article defends the rule of law and democratic norms in the context of Brazil's recent presidential election. It criticizes the losing candidate's refusal to concede, drawing parallels to Donald Trump's actions after the 2020 U.S. election. The text highlights the legal and customary processes for contesting election results and the responsibilities of various institutions in maintaining order. It calls for a swift resolution to the current unrest and accountability for those who fail to uphold their duties.

TRT-2 validates indirect termination due to non-payment of overtime

02 Oct 2023  |  www.migalhas.com.br
The 46th Labor Court of São Paulo, under substitute judge Karoline Souza Alves Dias, invalidated the dismissal for just cause of a worker accused of job abandonment and recognized it as an unjustified dismissal initiated by the company. The court validated the worker's claim for indirect termination due to non-payment of overtime and other labor rights. The judge highlighted that the employer's failure to meet contractual obligations, including the non-payment of legal additions, constitutes a serious breach justifying indirect termination. The company was ordered to pay the due labor compensations, with Tadim Neves Advocacia representing the worker.

How the Dark Web Can Ruin Your Life

01 Oct 2023  |  www.migalhas.com.br
The digital era exposes personal data to daily risks, necessitating heightened vigilance. While the visible web is regulated and offers some security, the Deep Web and Dark Web pose significant threats. The Dark Web, in particular, is a hub for cybercriminals trading in illicit goods and services, including personal data, hacking tools, and espionage. The article emphasizes the importance of safeguarding personal information and not storing sensitive data on a single device, highlighting the growing sophistication and danger of cyber threats.

Federal Judge Condemns Hackers for Document Forgery in Procedural System

01 Oct 2023  |  www.migalhas.com.br
Federal Judge Ali Mazloum of the 7th Federal Criminal Court in São Paulo sentenced two men for public document forgery and computer system invasion. The investigation, initiated by intelligence reports from TRF-3, revealed that the hackers used fake digital certificates and hijacked accounts to alter beneficiary names in judicial processes for financial gain. One fugitive was sentenced to 9 years and 2 months in prison, while the other, already in custody, received a 5 years and 5 months sentence.

Cármen Lúcia maintains reinstatement of judge accused of acting as a coach

14 Aug 2023  |  www.migalhas.com.br
On Monday, August 14, Minister Cármen Lúcia of the Supreme Federal Court (STF) upheld a decision by the National Council of Justice (CNJ) to reinstate Judge Senivaldo dos Reis Júnior. The judge had been dismissed by the São Paulo Court of Justice (TJ/SP) in October 2020 for acting as a coach online, selling preparatory courses, books, and materials. The CNJ later reduced his penalty to a censure, recognizing the statute of limitations. The TJ/SP appealed, questioning the CNJ's authority. Cármen Lúcia ruled that the STF does not serve as a reviewing body for CNJ decisions unless specific legal violations are evident, which were not found in this case.

Labor Court suspends electronic warrant payment system

11 Aug 2023  |  www.migalhas.com.br
The Labor Court in Brazil has suspended access to electronic warrant payment systems nationwide following the discovery of fraud involving digital certificates. The TRT-1 region initiated an investigation and involved multiple authorities, including the Federal Police and the MPF. The suspension affects systems managed by Banco do Brasil and Caixa Econômica Federal. The OAB/RJ expressed significant concern over the fraud and the resulting system instability, emphasizing the need for transparency and swift resolution.

Video shows emotional reunion of owner with dog rescued by firefighter from burning apartment

27 May 2023  |  g1.globo.com
A dog was rescued from an apartment fire in the Tiradentes neighborhood of Campo Grande on Saturday morning. The fire, reportedly caused by an electrical appliance, left the apartment destroyed. The dog was alone in the residence when the fire broke out. The article includes a video showing the emotional reunion between the dog and its owner.

Archbishop of Maputo Calls for a 'Peaceful' Electoral Process

14 May 2023  |  voaportugues.com
The new Archbishop of Maputo, Dom João Carlos, expresses concern over complaints of alleged electoral misconduct in Mozambique's voter registration process. In an exclusive interview with VOA in Namaacha, Maputo, he emphasizes the desire for a peaceful process. This statement comes as he presides over a major pilgrimage at the country's largest sanctuary for the first time since becoming Archbishop, following Pope Francis's acceptance of Dom Francisco Chimóio's resignation on May 5. The sanctuary is witnessing a massive return of faithful after three years of COVID-19 restrictions.

West Africa and Sahel: Leonardo Simão with terrorism and support for Sudanese refugees on the agenda

06 May 2023  |  voaportugues.com
Mozambican Leonardo Simão, newly appointed as the UN Special Representative for West Africa and the Sahel, will focus on security issues related to terrorism and organized crime, as well as providing assistance to refugees from Sudan in Chad. Simão, a former Mozambican Foreign Minister and ambassador, is recognized for his diplomatic skills and is expected to collaborate with regional organizations such as the African Union and ECOWAS. His appointment is seen as prestigious for Mozambican diplomacy and a sign of the UN Secretary-General's friendship with Mozambique. Simão will also draw on Mozambican expertise to support his mission.

Genetic screening in a Brazilian cohort with inborn errors of immunity

14 Mar 2023  |  BioMed Central
A genetic screening study was conducted on 13 Brazilian patients suspected of having inborn errors of immunity (IEI), revealing pathogenic, likely pathogenic, and variants of uncertain significance (VUS) associated with genetic disorders. The study identified variants in genes known to cause IEI, such as BTK, CD40LG, CARD11, WAS, CYBB, C6, and LRBA, and also found variants in genes not previously associated with IEI. The findings provide insights into the genetic sources of the patients' phenotypes and highlight the need for further research to confirm the genotype-phenotype correlations. The study faced limitations such as limited availability of immunological tests and challenges in validating the functional effects of the variants.

Retrospective of the Oddities of the Year 2022

21 Dec 2022  |  migalhas.com.br
The year 2022 was marked by oddities, including the Russian invasion of Ukraine, the global tech sector slowdown with big tech layoffs, Elon Musk's acquisition and controversial management of Twitter, the death of Queen Elizabeth II and the ascension of King Charles III, balanced US midterm elections, Xi Jinping's third term in China, and the bizarre political climate in Brazil post-elections with Lula's victory and Bolsonaro's refusal to accept the results.

Intersectoral Commission on Supplementary Health has new representatives

14 Nov 2022  |  www.migalhas.com.br
Henderson Fürst, a lawyer and partner at Chalfin, Goldberg & Vainboim Advogados, has been appointed as an alternate member of the Intersectoral Commission on Supplementary Health within the National Health Council of the Ministry of Health, representing the Brazilian Society of Bioethics. The council, consisting of 12 full members and ten alternates, ensures that supplementary health plans, insurance, and services at municipal, state, and national levels adhere to SUS principles in setting priorities, goals, and strategies. Fürst will serve as an alternate member for the Workers and Health Professionals segment, emphasizing the commission's crucial role in addressing challenges in the supplementary health system and its interaction with SUS.

LBCA strengthens Labor area with arrival of Manuela Tavares

14 Nov 2022  |  www.migalhas.com.br
Lee, Brock, Camargo Advogados (LBCA) has announced the addition of new partner Manuela Tavares, who brings 30 years of experience and recognized expertise in Labor Law, Technical and Administrative Management, and legal consulting in union relations. Tavares, a graduate of PUC-BA with a master's degree from Universidade Presbiteriana Mackenzie and further specializations, has been elected as one of the most admired lawyers in the country in the Social Security area and the Construction and Engineering sector by 'Análise Advocacia 500' and is also ranked in the 'Leaders League'.

Supreme Court Ministers are harassed in New York

14 Nov 2022  |  Migalhas
Supreme Federal Court ministers from Brazil were harassed in New York by Brazilians during their visit for the Lide Brazil Conference, which discusses freedom, democracy, and the economy. The Supreme Court issued a public note condemning the intolerant and violent acts against its ministers.

Competition that did not follow the notice in the TAF will reintegrate candidate

13 Nov 2022  |  www.migalhas.com.br
A legal decision by Judge Luis Gustavo da Silva Pires of the 4th Special Court of Public Treasury in São Paulo mandates the reintegration of a candidate in a public competition for the position of metropolitan guard. The candidate was initially disqualified due to the use of an incorrect bench during the physical fitness test, which did not comply with the competition's notice. The judge emphasized the constitutional right to public office and granted a preliminary injunction allowing the candidate to continue in the competition. The case is represented by attorneys Ricardo Duarte Jr. and Raphael de Almeida from Duarte & Almeida Advogados Associados.

Consumer improperly blacklisted will have name removed from Serasa

12 Nov 2022  |  www.migalhas.com.br
A consumer who was improperly blacklisted will have her name removed from Serasa after a court ruling. The decision, made by Judge Renan Bueno Ribeiro of the Juizado Especial de Perdões/MG, came after it was proven that the consumer had paid off her debt with a financial institution. Despite the payment, she was surprised to find her name negatively affected. The judge granted an injunction for the immediate removal of her name from credit protection agencies, citing the proven payment and the negative impact of such a listing on an individual's reputation. Guedes & Ramos Advogados Associados is representing the consumer in the case.

Reservation for 15? On the increase in the number of seats in the STF

11 Nov 2022  |  migalhas.com.br
The article discusses proposals to reform Article 101 of the Brazilian Constitution to increase the number of Supreme Federal Court (STF) justices from eleven to fifteen. It examines the historical evolution of the court's composition, the workload and efficiency of the STF, and the potential benefits and drawbacks of increasing the number of justices. The author also explores the political implications of such a change, including the potential for 'court-packing' and the strategic timing of appointments. The article concludes that while there are various arguments for and against the increase, it is essential not to overlook the discussion to avoid a trivial future decision on the constitutional court's composition.

Piracy is Brazil's main adversary in the World Cup, warns lawyer

11 Nov 2022  |  migalhas.com.br
Natalia Gigante, a partner at Daniel Advogados, warns of the risks associated with purchasing counterfeit products during the World Cup, highlighting the lack of quality control and potential health hazards. She advises consumers to be cautious when shopping online due to the risk of fraud and data theft and recommends buying from official or authorized stores to ensure product quality and authenticity.

Bolsonaro appoints 13 judges; 12 for TRF-4 and 1 for TRF-5

11 Nov 2022  |  www.migalhas.com.br
On Friday, November 11, President Jair Bolsonaro appointed 12 judges to the TRF-4 and one judge to the TRF-5. This expansion aims to alleviate the workload of the TRFs, as established by law 14.253/21. The appointed judges include career judges and those from the Federal Public Ministry and advocacy. The date for their swearing-in has not yet been set.

The suspension of MP 1.135/22, which delays transfers to the cultural sector

04 Nov 2022  |  www.migalhas.com.br
The cultural sector, severely impacted by the COVID-19 pandemic, faced further challenges with the introduction of MP 1.135/22, which delayed financial transfers. Despite the approval of supportive laws by Congress, President Jair Bolsonaro vetoed them, but the vetoes were overturned. The Supreme Federal Court, led by Min. Cármen Lúcia, suspended the effects of MP 1.135/22, a decision celebrated by cultural associations. The court's ruling is seen as a significant step towards the recovery and support of the cultural sector in Brazil.

Man is shot dead inside car by two suspects on a motorcycle in Campo Grande

22 Oct 2022  |  G1
A 30-year-old man was shot dead by two suspects on a motorcycle around 1 pm on Saturday in the Universitário neighborhood of Campo Grande. The victim was in his car with a woman and a child, who were unharmed, when the assailants fired multiple shots at the windshield. The victim's brother, aged 35, was also murdered in July in a nearby neighborhood, Los Angeles. Eleven 9mm cartridge cases were found at the crime scene, and the Polícia Civil and forensic team were called to investigate.

Do you suffer from electoral anxiety?

20 Oct 2022  |  www.migalhas.com.br
The digital era has increased our consumption of social media and communication apps, driven by algorithms and AI that cater to our preferences. This has led to a new phenomenon called electoral anxiety, especially noticeable in the weeks leading up to the second-round elections for president and state governors in Brazil. Symptoms include an inability to discuss topics other than elections, emotional distress, and sleep disturbances. The article advises those affected to seek professional help if necessary or to reduce their consumption of election-related news and social media to manage their anxiety.

We need to cultivate tolerance and end hate speech

10 Oct 2022  |  www.migalhas.com.br
The article discusses the importance of knowing and observing individual and collective rights as stated in the Brazilian Federal Constitution, especially for legal practitioners. It highlights the common understanding in society that discrimination of any kind should not be tolerated. The text condemns a discriminatory incident involving a vice-president of the Women Lawyers at the OAB in Uberlândia/MG, who was recorded making offensive remarks against Northeastern Brazilians. The author calls for reflection on whether political preferences justify offensive behavior and emphasizes the need to cultivate tolerance.

Boca da Onça: the largest waterfall in Mato Grosso do Sul is completely dry; understand the reason

02 Sep 2022  |  g1.globo.com
The Boca da Onça, the largest waterfall in Mato Grosso do Sul, Brazil, has completely dried up due to a lack of rain this winter. The waterfall, located in Bodoquena, began to dry up at the end of July. The phenomenon La Niña, which causes a decrease in ocean surface temperatures and delays rainfall, is one of the main reasons for the drought. Despite the dry conditions, the Fazenda Boca da Onça continues to attract tourists by offering alternative activities and promotional prices.


TJ/SP Invalidates Law That Provided for Politicians' Names on Public Works Plaques

03 Jun 2022  |  migalhas.com.br
The Special Body of the TJ/SP ruled unconstitutional the law 2.904/20 from the municipality of Itapecerica da Serra, which required the inclusion of politicians' names on inauguration plaques for public works. The court found that the law imposed obligations on the executive branch, infringing on its competencies. The law mandated the inclusion of the name of the state or federal deputy responsible for the parliamentary amendment funding any public works or building renovations. The rapporteur of the ADIn, Justice Xavier de Aquino, stated that the law violated constitutional principles by promoting personal and political interests, which is prohibited in public administration works, services, and campaigns.

Band will not pay compensation for using drone images in the background

26 May 2022  |  migalhas.com.br
The 1st Private Law Chamber of the TJ/SP overturned a decision that had condemned Band to pay compensation to a drone footage owner used in the broadcaster's program. The court considered that the video excerpts did not constitute an offense to the author's rights, as they were not the main focus of the report. The footage, claimed by the videomaker to be his work, was used as a background during an interview with the mayor on the Bora SP program. The original ruling required Band to pay R$ 3,000 in moral damages and to publish video credits for three consecutive days. However, the appeal was successful, and the initial claims were deemed unfounded.

Who would be penalized for the invasion of government sites?

15 Dec 2021  |  Em Pauta Online | Notícias de Manaus, Amazonas e Política.
With the General Data Protection Law (LGPD) in effect, measures to protect personal data are being enforced. The law aims to ensure data security for both public and private entities. The National Data Protection Authority (ANPD) is responsible for imposing sanctions, with fines up to R$ 50 million. Recent cyberattacks on government sites, including the Ministry of Health and the Controladoria Geral da União, highlight vulnerabilities. The ANPD may request information from affected ministries, raising questions about whether public entities would face the same penalties as private ones and if taxpayers would ultimately bear the cost. The LGPD is undergoing practical tests to assess its effectiveness.

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