Businesses in Brazil may be part of commercial or civil disputes for which legal support is recommended. Litigation attorneys represent the defendants and the plaintiffs in civil lawsuits. Their job is to take care of all the phases of litigation that include; investigation, pleadings, pre-trial, trial, settlements and process of appeals. These tasks may vary depending upon the nature of the dispute or if the litigator is representing a defendant or a plaintiff in the court.
With a large experience in litigation cases, our team of lawyers in Brazil can provide you with legal assistance in front of the authorities. They can explain the legislation and the conditions in which a trial takes place. Also, the same advisors can help foreign investors in setting up their businesses in Brazil, with respect to the local legislation, regardless of the chosen industry.
The legal practice of lawyers in Brazil regulates under the Brazilian Bar Association’s Code of Ethics and Discipline. On November 4, 2015, a new code of Ethics and Discipline was introduced in Brazil’s Official Gazette. According to Article 39 of the new code, lawyers are allowed to advertise their legal services by electronic means. To prevent the initiation of the court proceeding, this new code encourages the extra-judicial methods of case resolution like; conciliation or mediation. Any person interested in practicing law in Brazil needs to obtain a law degree first from an accredited institution. The same requirement is applicable for lawyers who help foreigners to immigrate to Brazil.
Our lawyers in Brazil proceed with their legal work under the regulations prescribed in the Brazilian code.
The cases of commercial matters in Brazil are solved by lower federal courts who are also specialized in intellectual property issues. It is good to know that arbitration is the recommended method for commercial disputes in Brazil which can take place in the same courts of law.
The judicial proceedings in Brazil start with claim filings at the court of law, with the help of a Brazilian attorney. A specific magistrate will then take the case and will verify the materials and the documents involved in the case. The following steps are part of the proceedings for commercial issues in Brazil:
As a solution for your case, we invite you to address your inquiries to our attorneys in Brazil and find out what’s the best option for your case. Companies in Brazil can be legally helped by our team.
The Alternative Dispute Resolution or ADR refers to arbitration, the most common solution for large commercial disputes in Brazil. The Mediation Act enters into discussion when dealing with arbitration cases, as this set of laws stipulates the main conditions of how disputes can be solved. We mention that arbitration can be performed in the courts of law or outside of it. Also, we remind that our litigation attorneys in Brazil can provide you with complete information and legal support if you have a business in Brazil involved in commercial disputes.
Brazil has a system of two parallel jurisdictions, state and federal. The lower state courts usually deal with large commercial disputes. In such matters, the courts are in charge of hearing all the relevant pieces of evidence and solving the matter in dispute. Whereas the lower federal courts in Brazil have jurisdiction over the following cases:
Since 1988, the highest court of Brazil STF (Supremo Tribunal Federal) has become primarily a constitutional court. Below the STF is the Superior Tribunal of Justice (STJ), which over-looks the non-constitutional issues of federal law.
Some states in Brazil have specialized courts. For instance, the lower state courts in Sao Paulo are specialized in bankruptcy. And the lower courts in Rio de Janeiro are specialized in intellectual property. These courts have also been granted jurisdiction over lawsuits linked to arbitration. In these two states, the state courts of appeals have panels dedicated to commercial matters.
The authorities of foreign lawyers in Brazil are limited. They can only issue opinions related to foreign law matters with the express authorization of the Brazilian Bar Association. Foreign lawyers are not allowed to conduct cases in the courts of Brazil even if they are assisted by Brazilian law firms.
Brazil does not impose strict requirements for obtaining a practicing license. The aspirants need to complete their law degree from an accredited institution and pass the Brazilian Bar Examination. An internship is not required but it is highly recommended because it grooms a lawyer’s personality. Besides this, there are no additional requirements to practice as an in-house lawyer.
You can trust the services of our Brazilian lawyers in the matter of obtaining Brazilian residency. Brazil has an investor visa that allows for immediate permanent residency. Typically, a minimum of BRL 500,000 must be invested in real estate, a Brazilian start-up, or an existing business. If the investment creates 10 jobs for Brazilian residents or goes towards technology, innovative products, or scientific research, the amount is reduced to as little as BRL 150,000. If you are interested to get a residence permit in Brazil, the services of our lawyers are at your disposal.
The general guidelines for lawyer’s fees and case costs are given in Article 36 of the Brazilian Bar Association’s Code of Ethics and Discipline. The rules in this article provided that fees should be fixed following:
Lawyers don’t need to charge the exact fees given in Article 36 of the Code of Ethics and Discipline. This code provides the minimum costs which may vary from lawyer to lawyer depending upon their reputation and experience. Furthermore, if you are interested in applying for citizenship, the services of our lawyers are at your disposal. There are no restrictions on the number of nationalities for Brazilians who have foreign nationality by birth or ascendancy. This means that foreigners in Brazil do not have to give up their primary citizenship in order to obtain Brazilian citizenship. Consult with our lawyers in Brazil for their services.
Unprecedented isolation measures were adopted to avoid the risk of Covid-19 among judges and attorneys in Brazil. Please find below the government report on the judicial system of Brazil, which comprises high, appellate and district courts at federal and state levels:
Please feel free to contact our law firm in Brazil and solicit information about our legal services in Brazil you can receive.