Equipped with scientific courage and audacity, the author proposes a deconstruction of the principle of prohibition of retrogression - which should not be an absolute principle, since Law is not a science that deals with the absolute as a rule - in order to place it in its proper place by reducing it to the meaning that is proper to it on the scale of values of labor law institutions. Thus, to the extent of the practical ineffectiveness, she bridges to juridical rationality to highlight the dogmatic incongruence underlying the aforementioned principle.

Salary Reductibility and Prohibition of Retrogression

The recourse to disregard of legal personality must be moderate as a mobile pendulum so that it becomes a truly credible, rational, and fair resource of the socio-economic model, acting as a mitigator of systemic deviations and an inducer of confidence in economic operation, but with transparent, analytically determinable, and formally expressed criteria, dispensing with the ambiguity that arbitrariness can cause. If so, instead of generating the annihilation of legal personality, this recourse will enhance the collective institute, through the pursuit only of lawful social purposes, preventing the misuse of corporate figures.

Disregard of Legal Personality in the Limited Liability Company

As a Fundamental Right, remunerative guarantee is a trump against political majority and, thus, acts as an armor against interventions that affect the degree of realization underlying it, since legislative realizations decrease the degree of abstraction and generality of the norm and increase the judge's control margin in the face of a restriction, through the integration of the content carried out with the fundamental guarantee.

Margins of the Judge in the Face of Restrictions on the Fundamental Right to Remuneration

Notwithstanding the personal nature and importance of this element in the individual labor situation, since work does not exist, there are people who work, work is, from the economic standpoint of companies, a factor of production that must be attractive so that it can be sought after. This does not mean that work can be pursued at all costs in the logic of absolute optimization of competitiveness and employability, but rather that in any economic situation it should always assume a captive place.

Amendment to the 2009 Labor Code

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Specialization in emigration processes, Golden Visas in Portugal, Portuguese and Brazilian nationality, regularization and work in Portugal and Brazil, document research, translation and certification of foreign documents, recognition of foreign judgments, regularization of assets, inheritances, and property transfer in Portugal and Brazil, judicial appeals against administrative decisions.

Private International Law

Specialization in real estate due diligence, drafting and review of purchase and sale contracts, conflicts involving false powers of attorney, breach of fiduciary duty, risk mitigation in leasing, representation in assemblies and supervision of properties in plural ownership, licensing, licensing with municipalities, judicial appeals against administrative decisions, judicial representation in property disputes such as leasing, eviction, dispossession, property claims, repossession, and adverse possession.

Real Estate Law

Specialization in tax optimization, financial planning, tax obligations, income tax return, transnational taxation, advice on tax residence and double-taxation regimes, definitive departure from Brazil, non-habitual resident status, judicial appeals against tax executions.

Tax Law

Specialization in contractual advice and negotiation of working conditions, consultancy and negotiation in case of dismissals, labor calculations of benefits and compensations, communications in case of disconnection and leaves with or without pay, labor litigation and judicial sponsorship.

Labor Law

Specialization in drafting prenuptial agreements, assistance and representation in marriages between foreign spouses, proxy marriage, transcription of marriages that occurred abroad, approval and recognition of common-law unions, drafting of common-law union contracts, consensual and litigious divorce, divorce conference, parental power regulation, judicial representation in cases of parental alienation and international child abduction, judicial representation in probate and division proceedings.

Family Law

Specialization in drafting and understanding contracts, validation of conditions, rules, and clauses of commercial legal transactions in general, construction contracts, intellectual property, copyright, and conflicts arising from electronic business and custom software production, insolvency and default, civil liability and corporate liability, representation in judicial proceedings.

Civil Law

Specialization in drafting and reviewing contracts, debt collection, judicial representation in debt collection processes, judicial representation in processes against insurers, judicial representation in processes against airlines.

General Civil Law

Specialization in drafting and analysis of employment contracts, how to properly dismiss employees, advice, calculations, and negotiation, consultancy in subcontracting, consultancy in company's ancillary obligations to employees, resolution of labor disputes, judicial representation, and negotiations.

Labor Law & Unions

Specialization in the creation and registration of companies, assemblies, assignments, mergers, closure, and sale of commercial companies, licensing of activities, joint venture regime, adherence to current regulations, mitigation of legal risks, franchise contracts.

Commercial Law

Specialization in the registration and protection of trademarks and patents, licensing and royalties contracts, patents and utility models, marketing and transfer of IP, disputes and IP assessment, judicial representation in industrial property and copyright conflicts.

Intellectual Property

Specialization in tax optimization, financial planning, tax obligations, collective income tax return, transnational taxation, dividends, advice on tax residence and double-taxation regimes, judicial appeals against tax executions.

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Lawyer and legal consultant, Member of the Portuguese Bar Association and Member of the Brazilian Bar Association.
PhD candidate in Legal and Civil Sciences - University of Law of Lisbon.
Master in Legal and Labor Sciences - University of Law of Lisbon.
Advanced specialist in Commercial and Labor Law by the Faculty of Law of the University of Lisbon.
Academic researcher with several articles and books published, highlighting the publication in Constitutional Law - Salary Reductibility and Principle of Non-Retrogression, in 2017.
Experienced in preventive consultancy and civil litigation, with active registration in the OAB and the Portuguese Bar Association.
Resident in Portugal for the last 12 years, but born in Brazil, she has worked in both countries, holding a deep understanding of their legal, cultural, and systemic differences.
She has a client-oriented approach, where trust, ethics, and commitment remain fundamental in creating lasting commercial relationships.
She operates locally with a global mindset, specializing in Portuguese, Brazilian, and Chinese companies and citizens. Coordinating migration processes, visas, Portuguese citizenship, real estate investment, company relocation, among other operations involving Portuguese and Brazilian jurisdictions.
In addition to extensive practice in legal consultancy and disputes in court for citizens and companies, she created the legal department of Grupo Abraito in Portugal.

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My name is Bárbara Barbizani de Carvalho, I have a client-oriented approach where trust, ethics, and commitment remain fundamental in building lasting business relationships. I only accept cases when I possess the level of knowledge and experience to provide prompt and excellent service. I operate locally with a global mindset, specializing in serving Portuguese, Brazilian, and Chinese companies and individuals.
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