IAB prepares proposals for changes to the draft of the new Commercial Code

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The national president of the Institute of Brazilian Lawyers (IAB), Rita Cortez, will forward to the presidents of the Chamber of Deputies, Rodrigo Maia (DEM-RJ), and of the Senate, Davi Alcolumbre (DEM-AP), the proposals prepared by the entity for the new Commercial Code, which is being discussed in the National Congress.


IAB
President of the IAB, Rita Cortez will send the proposals to the National Congress.
IAB
In the extraordinary session this Thursday (27/6), the institute's plenary unanimously approved the 11 opinions produced by the Business Law Commission, chaired by João Manoel de Lima Junior, with suggestions aimed at promoting changes to the Bill of the Senate (PLS) 487/2013.

A commission of jurists, formed in 2013 and coordinated by minister João Otávio de Noronha, now president of the Superior Court of Justice, wrote the draft of the new Commercial Code, presented by senator B2B Lead Renan Calheiros (MDB-AL) in the form of PLS ​​487/2013 . There are 987 articles that bring changes to relationships between businesspeople and the organization of business companies in the areas of corporate, contractual, foreign exchange and maritime commercial law. The text of the project was analyzed by a temporary committee made up of 11 senators who, for a year, held 19 meetings and 15 public hearings with more than 60 experts, until approving, in December 2018, the final report by senator Pedro Chaves (PRB -MS).

The opinions of the IAB Business Law Commission were produced by the following lawyers: Érica Guerra, Gustavo Flausino Coelho, Gustavo Fuscaldo Couri, Gustavo Licks, Joaquim de Paiva Muniz, Jeanne da Silva Machado, João C. de Andrade U. Acioly, José Gabriel Assis de Almeida, Luis Felipe Galante, Paula Alonso Koatz, Pedro Freitas Teixeira, Renato Ferreira, Tarsis Nametala and Verônica Lagassi.

According to João Manoel de Lima Junior, “the opinions were prepared with the perspective of contributing to the improvement of the project, currently in progress, despite the various criticisms that can be made regarding the feasibility or the need to introduce a New Commercial Code in Brazil".



Maritime Law
Lawyer Luis Felipe Galante was appointed to write an opinion regarding the proposals focused on Maritime Commercial Law. “There is no field of Brazilian Law in greater need of modernization than maritime law,” he stated. According to him, “the final text of the Maritime Commerce Book covers all the essential points for the proper functioning of national Maritime Law and provides legal certainty to a thriving segment of our economy, which is maritime transport”.

Galante, who presides over the Brazilian Maritime Law Association, reported that the entity presented several proposals accepted by the commission of jurists responsible for drafting the draft that originated the PLS. In his opinion, the lawyer also highlighted Senator Pedro Chaves' decision to reinsert into the final report the chapter dedicated to the regulation of maritime insurance, which had been suppressed during the project's processing.