Post by account_disabled on Feb 27, 2024 5:30:42 GMT -5
Obviously, this discussion must still be held in light of the need to create new rules, specifically aimed at "purely digital" operations. Thus, the question arises: is there a need to change the Kandir Law and LC 116, so that these diplomas create specific rules (similar, for example, to those contained in Agreement 106) directed to the place where the triggering event is considered to have occurred in metaversial operations or, on the other hand, would the rationale described above, regarding the concept of establishment, e right to opt for the definitive rule if this be more favorable to you" "I understand that the decision is in line with what was being understood by the STF in social security matters, proving appropriate to resolve the issue discussed by the Court as it supports the right of the oldest insured in the social security regime to opt for a more transitional rule.
beneficial than the new one put into effect at the time, even if not as favorable as the previous one. This, in fact, is the purpose of the transition rule", he maintains. In a note, the Brazilian Institute of Social Security Law (IBDP) — which participated in the trial of topic 1102 as amicus curiae — praised the decision. Lawyer Diego Cherulli , who represented the entity in the process, highlighted that the legal objective of the issue is the actuarial perfection of the social security benefit, in the form Chinese Europe Phone Number List designed by the legislators. "Treating those who financed the most (social security) with losses destroys legal security and the expectation of rights, defining elements of the protections arising from norms of a transitory or transitional nature, such as articleThat is why we believe that Today's decision was the most correct, as this is a legal interpretation of Lawhe explains.
In this case, however, rapporteur Minister Luís Roberto Barroso noted that extraordinary appeal judgments will only have the power to end the effects of previous decisions that have become final if they occur within the system of general repercussion. Ministers Rosa Weber, Dias Toffoli and Alexandre de Moraes fully followed Minister Barroso's vote. Minister Fachin had not yet voted, but in the vote presented in Theme 881, of which he is rapporteur, he indicated that he understands in a similar way to Barroso, that is, that the decision with general repercussion ends the effects of previous judgments. Furthermore, in this judgment there is a partial disagreement by Minister Gilmar Mendes. For him, even if there is no general repercussion, a decision by the STF Plenary in an extraordinary appeal ends the effects of previous decisions.
beneficial than the new one put into effect at the time, even if not as favorable as the previous one. This, in fact, is the purpose of the transition rule", he maintains. In a note, the Brazilian Institute of Social Security Law (IBDP) — which participated in the trial of topic 1102 as amicus curiae — praised the decision. Lawyer Diego Cherulli , who represented the entity in the process, highlighted that the legal objective of the issue is the actuarial perfection of the social security benefit, in the form Chinese Europe Phone Number List designed by the legislators. "Treating those who financed the most (social security) with losses destroys legal security and the expectation of rights, defining elements of the protections arising from norms of a transitory or transitional nature, such as articleThat is why we believe that Today's decision was the most correct, as this is a legal interpretation of Lawhe explains.
In this case, however, rapporteur Minister Luís Roberto Barroso noted that extraordinary appeal judgments will only have the power to end the effects of previous decisions that have become final if they occur within the system of general repercussion. Ministers Rosa Weber, Dias Toffoli and Alexandre de Moraes fully followed Minister Barroso's vote. Minister Fachin had not yet voted, but in the vote presented in Theme 881, of which he is rapporteur, he indicated that he understands in a similar way to Barroso, that is, that the decision with general repercussion ends the effects of previous judgments. Furthermore, in this judgment there is a partial disagreement by Minister Gilmar Mendes. For him, even if there is no general repercussion, a decision by the STF Plenary in an extraordinary appeal ends the effects of previous decisions.