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Newsletter June 2016

Legal Updates

A law defining terrorism in Brazil

The new law nº13.260 approved in March 2016 has been considered as a priority bill by the Brazilian Government and relates to the Olympic Games that will take place in Rio de Janeiro in August. This bill defines an act of terrorism as the act that causes general panic or terror, affecting or trying to affect life, physical integrity and health and, also, the act of deprivation or trying to deprive an individual of his freedom. This bill also provides an advantage for those individuals that give up on the execution of the crime, in those cases in which there is no recidivism on the crime of terrorism. Even if this type of crimes is not currently taking place in Brazil, because of the international nature of the Olympic Games, terrorist acts may be planned. In fact, some individuals may take advantage of this type of gatherings to attempt to perform an act of terrorism.

Nevertheless, this new law has been strongly criticized by social movements which consider that it could be used to criminalize social demonstrations.

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Decriminalization of the surrogate motherhood and enlargement of themedically assisted procreation (map)

On May 13th, the Portuguese Parliament approved initiatives of decriminalization of the surrogate motherhood, for women who don’t have uterus or for the ones whose uterus show some lesions or diseases.

This decision makes Portugal as an “avant-garde” in this field because it is the European Union’s third country which creates specific laws, strengthening the means to access to maternity for every woman.

On the specific rules, it is stated that the child should have the same genetic material that one of his/her parents and that this procedure should be generally free of charge.

With regard to the medically assisted procreation, this access being enlarged to single women, they no longer need to be declared as sterile. Nevertheless, it is mandatory that the beneficiary is 18 years old and is not forbidden or psychological disabled, and, previously, her express agreement must be given.

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Business Updates

Golden Visa – The Investors’ Trust

In its communication, the Portuguese Confederation on Construction and Real Estate indicated that the level of foreign investments in Portugal linked to the resident permit “Gold” had reached 313 million euros in April, which is more than 45% than in the same period in 2015. Since the beginning of the program in 2012, the regime exceeded the two thousand millions euros (2.007 millions). According to the data given by the Immigration and Borders Service, the investment attracted since the beginning of the program has been primarily concentrated on property acquisitions, which reaches 1811 million of euros on a total of 3295 resident permit assigned.

With regards to the nationality, Chinese people are still the most important investors with more than 88 resident permits delivered in April for investment activities. Brazilians also occupy an important position with 11 permits delivered during the same month.

Those numbers are particularly encouraging and put Portugal in a beneficial position regarding tax competitiveness, and it also demonstrates the strengthening of the investors’ trust.

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Online gambling licenses are coming to Portugal

The Games’ Regulation and Inspection of Portugal Service, I.P (“Serviço de Regulação e Inspecção de Jogos do Turismo de Portugal, I.P”) has delivered the last May 25th the first License for online gambling related to sport in Portugal. Indeed, in a similar manner to other European countries, online gambling is coming into our country, as a result to a long legislative and regulatory procedure. The new provisions – approved by the Decree-Law nº 66/2015 of the 29th of April – deal with betting games, and include gambling and games of chance, odds sport bets, horse-rises bets, pari-mutuel bets and bets on odds.

Among the demands of licenses which have been submitted at the moment, Betclic distinguishes itself as the first entity which has at its disposal an online gambling exploitation license.

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