Brazil’s Superior Court validates electronic powers of attorney without ICP-Brasil certification
The 3rd Panel of Brazil’s Superior Court of Justice (STJ) ruled that electronic powers of attorney do not necessarily require ICP-Brasil digital certification to be legally valid. The decision acknowledges that Brazilian law allows multiple forms of electronic signatures, provided that authenticity and document integrity can be ensured. A shift from infrastructure to evidence The […]
Brazil’s Superior Court sets criteria for atypical enforcement measures in civil execution
The Superior Court of Justice (STJ) has established important criteria for the application of atypical enforcement measures in civil execution proceedings. These measures — including restrictions on passports, driver’s licenses and credit cards — are now considered valid tools to enforce debts, provided certain conditions are met. The Court emphasized that such measures cannot be […]
Brazil’s Superior Court validates electronic consumer notification and raises governance standards
The 2nd Section of Brazil’s Superior Court of Justice (STJ), in ruling Theme 1.315, established that prior notification to consumers regarding the creation of records in databases may be carried out electronically. The decision aligns the interpretation of the Consumer Protection Code with the current digital environment, recognizing that electronic communications are now embedded in […]
PDK Advogados recognized in Legal 100 – 2026 as Best Law Practice Business of the Year – Brazil
PDK Advogados has been internationally recognized in the Legal 100 – 2026 ranking as Best Law Practice Business of the Year – Brazil, reinforcing its strategic positioning in the legal market. Legal 100 highlights law firms based on criteria such as market performance, technical consistency and peer recognition. This type of recognition plays a key […]
Law Enacted Establishing the National Data Protection Agency in Brazil
Institutional strengthening of Brazil’s data protection framework Law No. 15.352 of 2026 has been enacted, transforming the Brazilian Data Protection Authority into the National Data Protection Agency, structured as an autonomous regulatory body linked to the Ministry of Justice and Public Security. The reform consolidates the institutional maturity of Brazil’s data protection regime and creates […]
Moral Damages Compensation Arising from Data Breach in a Data Processor Environment
A recent decision by the Civil Small Claims Court of the Court of Justice of Minas Gerais reinforces a central principle of Brazil’s General Data Protection Law (LGPD): joint and several liability between the Controller and the Processor. In the case at hand, the claimant filed a lawsuit against XP Investimentos and the Rico brand […]
ANPD Issues Technical Note on the Grok System and Reinforces Responsibility in the Use of Artificial Intelligence
Technical Note No. 1 of 2026 issued by the Brazilian Data Protection Authority (ANPD) marks a new level of regulatory scrutiny over Artificial Intelligence systems in Brazil. The document analyzes potential violations of the Brazilian General Data Protection Law (LGPD) related to the Grok system, developed by X Corp., particularly concerning the generation of non-consensual […]
ITCMD Reform and the Impact of Complementary Law 227/2026 on Estate Planning
Complementary Law No. 227 of 2026 establishes a new framework for ITCMD (Tax on Inheritance and Donations) in Brazil and significantly reshapes the traditional logic of estate planning. The primary change concerns the tax base calculation. Under the new rule, the tax is now levied on the market value of transferred assets, abandoning historical or […]
Small agricultural producers and medicinal cannabis cultivation: what changes under Anvisa’s new resolutions
The regulation of cannabis cultivation for medicinal purposes in Brazil remains in evolution and continues to generate legal uncertainty for small rural producers. Historically, the most common legal pathway to enable individual cultivation has been the safe-conduct order granted through a preventive Habeas Corpus, aimed at preventing potential criminal liability. Case law from the Brazilian […]
Brazilian Superior Court of Justice (STJ) consolidates case law on fake payment slip fraud and redefines the standard of corporate civil liability
The Brazilian Superior Court of Justice (STJ) has consolidated a significant precedent for companies facing lawsuits arising from fake payment slip (boleto) fraud. According to the established understanding, a company may exclude its civil liability based on the concept of external fortuitous event — meaning the exclusive fault of a third party — provided that […]