Politician’s right to privacy vs. freedom of the press: a constitutional tug of war

In September 2023, the Supreme Court of Brazil (“STF”) issued one more decision regarding the balance between freedom of speech and press, and individual rights. A journalist who took pictures of a Senator’s smartphone screen containing private messages and shared them on social media had his credentials revoked by the president of a Joint Parliamentary […]

Digital platforms regulation in Brazil: current debates and future directions

The Internet has profoundly transformed the ways in which we obtain information, interact, and consume, playing a significant role in our lives. These changes have prompt governments and society to discuss the need to create a more robust set of rules that govern this environment. The requirement for financial contributions from digital platforms underlies the […]

Building a responsible AI ecosystem: insights from Brazilian initiatives

The growing use of Artificial Intelligence (AI) by companies in their pursuit to provide next-level products and services has spurred governments to discuss regulation of this technology with the aim to safeguard individual rights and national values, while fostering innovation and research. Given the urgency of the matter, a collaborative effort has emerged both nationally […]

New article on automated decision-making authored by associate Camila Mariotto

The International Bar Association (IBA) has recently published an article by our lawyer Camila Mariotto presenting the Brazilian legal framework for automated decisions. According to Mariotto, although the LGPD is known as a GDPR-alike law, they do not regulate this issue in the same manner. This article aims to present the most striking differences between […]

New Brazilian law imposes limits for the choice of forum clauses

Although the Brazilian law was not clear on whether parties in a contract could freely choose the competent forum to resolve related disputes, Brazilian doctrine interpreted that the principle of “autonomy of will” would prevail in contracts involving capable parties and available assets over which the parties could dispose according to the law. Last June […]

Brazilian legal framework on automated decision-making

Automated decisions have been increasingly used by organisations for different purposes in a myriad of sectors. Decisions that were previously made by humans, such as those related to hiring and dismissing employees

Latin Lawyer Reference: Sports Law 2016

Labour and Employment 1. In the case of sportspersons who play for a team participating in a league or professional competition, what type of relationship links the player to the team? Is it an employment relationship or is the sportsperson an independent contractor? As a general rule, professional sportspersons are linked to the team by […]

The Fashion Law Phenomenon

Most people have already heard of the prestigious French shoemaker who sought to have exclusive rights in using red soles, or of the corporate dispute involving the heirs to the creator of shirts branded after the name of the sport which consecrated them, or of the legal dispute between Brazilian and French brands due to […]