São Paulo Court Upholds Fiduciary Security, Barring Refund Claims by Defaulting Buyers

The São Paulo State Court of Justice (TJSP) has reaffirmed the strength of fiduciary transfer of title in real estate transactions. In a recent ruling, the Court denied a defaulting buyer’s attempt to terminate a purchase agreement and recover previously paid amounts, prioritizing specialized real estate financing laws over general consumer protection rules.  Prevalence of Special Legislation  […]

STF Confirms STJ Approach and Shifts Stock Option Taxation to Share Sale 

Brazil’s Supreme Federal Court (STF) has issued a decision declining to hear constitutional claims concerning the taxation of stock option plans. By holding that the issue is not constitutional in nature, the STF effectively cemented the Superior Court of Justice’s (STJ) taxpayer-friendly precedent (Theme 1,226), confirming that qualifying stock option plans are commercial contracts – not […]