FAQs

BRAZIL: CONTENTIOUS  GUIDE 

Bankruptcy/Restructuring  

Competition/Antitrust  

This practice also covers the legislation prohibiting actions which restrict or limit free competition between economic agents both absolutely (through cartel activity) and relatively (through abuse of dominant position).   

In particular, the section focuses on merger control (filings before the relevant authorities), anti-competitive behaviour investigations and market studies carried out by authorities into the competitiveness of particular sectors. Litigation against the competent authorities is also considered here, as are civil claims initiated by economic agents seeking damages for anti-competitive behaviour.  

Compliance  

This section ranks firms and individuals advising clients on compliance with legislation and investigations concerning white-collar crime, anti-corruption and international sanctions. The firms and lawyers may also be instructed to help design internal compliance programmes for companies, conduct independent investigations and prepare reports for management. Firms and partners advising high level clients in highly publicised, sensitive matters may gain an edge.  

Consumer Law  

This chapter encompasses both consultancy and litigation work arising from consumer relationships including consumer credits, pricing, general contractual terms and conditions. Also includes the sale and supply of services and products, including product liability issues. The section also looks at disputes before the relevant public authorities, such as the Consumer Protection Agency, PROCON.   

Dispute Resolution: Arbitration  

The Dispute Resolution Arbitration section features the Brazilian firms and lawyers that advise clients on domestic and international arbitrations, in other words, the resolution of disputes by one or more neutral parties, either an arbitrator or an arbitration panel. Many contracts – including those imposed on customers by many financial and healthcare organisations – require mandatory arbitration in the event of a dispute. Examples of relevant international institutions include the ICC (International Chamber of Commerce, LCIA (London Court of International Arbitration), CAMARB (Câmara de Mediação e Arbitragem Empresarial – Brasil) and CCBC (Câmara de Comércio Brasil Canada). Alternative dispute resolution, involving non-court mediation is also covered in this section.  

Most in Demand Arbitrators  

This subsection features individuals that specialise in acting as arbitrators and are highly sought after for this work.  

Dispute Resolution: Litigation  

Chambers' Dispute Resolution encompasses all stages of litigation including pre-trial negotiations, documentation and preparation for trial, summary judgement motions, trial, appeals and enforcement proceedings.  

Please note: Litigation related to IP, Labour & Employment, Tax or Competition/Antitrust should not be included in Dispute Resolution submissions.  

Intellectual Property: Patents  

The patents section covers civil disputes related to patent infringement and criminal proceedings related to anti-counterfeiting matters. Account prosecutions, enforcement and opposition actions and related issues such as licensing agreements and IP commercialisation are also covered in this section.  

Intellectual Property: Trademark, Copyright & Trade Secrets  

This section covers civil disputes related to copyright and trademark infringement and criminal proceedings related to anti-counterfeiting matters. Litigation concerning trade secrets also features. Account prosecutions, enforcement and opposition actions and related issues such as licensing agreements and IP commercialisation are also covered in this section.  

International Trade/WTO  

This section covers classic trade cases such as anti-dumping, countervailing duties, export control and other customs / tariff classifications and regulatory work. Lawyers also advise clients on matters before international trade bodies and forums, such as MERCOSUR, WTO and GATT trade provisions.   

Please note: International Trade and Customs work is given equal weight in this section.  

Labour & Employment  

Labour & Employment covers non-contentious matters relating to day-to-day business issues as well as workforce restructuring, and employment issues related to mergers and takeovers. Class Actions and Union-related matters are also considered. This section also covers litigation related to sex, race, age and national origin discrimination, harassment, wrongful termination and employment-related restrictive covenants. Advice on the writing of policy handbooks for major corporates and HR training also falls within this section's scope.  

Labour & Employment: Mid-market 

The Mid-Market subsection of the Labour & Employment ranking will consider firms and partners that predominantly represent mid-market level clients and present an average matter-value of up to BRL 8 million. Both contentious and advisory matters may be included in the submissions. Firms must also demonstrate that their practice is not limited to one state only, in which case they should submit to the Regions Guide. Finally, firms with more than 3 departments already ranked in other sections across the Guide shall not be eligible, as this would demonstrate evidence against a mid-market focused practice. 
  

Social Security  

Relevant work might include disputes before administrative and judicial spheres, regarding payroll contributions and variable remuneration, such as profit-sharing plans (PLR), long-term incentive plans and fixed and discretionary bonuses.  

It also encompasses consulting work, such as planning for social security contributions, as well as the structuring, implementation and impact evaluation of variable remuneration policies. This practice area includes debates around specific legislation on the subject, for instance employment contracting models, fringe benefits and international social security agreements concerning expatriate personnel.  

Please note: This practice area does not include matters related to private pension plans.  

Tax: Litigation 

This section covers a broad range of contentious tax related matters on both administrative and judicial spheres. Relevant matters include controversies related to tax fraud or tax evasion, administrative disputes related to the enforceability of penalties or the applicability of fines and tax authority audits.  

Tax Litigation: Mid-market 

The Tax Litigation: Mid-Market ranking will look at the firms and partners that predominantly represent mid-market level clients and show an average matter-value of up to BRL 100 million. Firms must also demonstrate that their practice is not limited to one state only, in which case they should submit to the Regions Guide. Finally, firms with more than 3 departments already ranked in other sections across the Guide shall not be eligible, as this would demonstrate evidence against a mid-market focused practice. 

White-Collar Crime  

This section covers investigations, administrative and in-court criminal proceedings and that have to do with corruption and financial crimes mainly. Matters include tax offences, money laundering, fraud, professional negligence, bribery, corruption, environmental crimes, among others. WCC covers work on behalf of corporate clients as well as private clients.  

BRAZIL: INDUSTRIES & SECTORS GUIDE 

Agribusiness  

In this practice area we analyse firms that represent agricultural companies in a broad, but not an all-inclusive range of legal services. The key work for this chapter includes sector-specific M&A and disputes, acquisitions and leasing of agricultural assets, as well as the negotiation and drafting of production and distribution agreements.  

Financing work involving capital instruments such as agricultural receivable certificates, credit notes, warranties and rural product notes is also covered, but greater weight is given to firms representing the issuer/agribusiness company rather than the underwriter/financial institution.  

Firms may also provide due diligence and general legal support in industry-specific issues relating to tax, insurance, regulatory and corporate law. However, please note that advice provided to agribusiness companies relating to real estate, labour & employment, competition/antitrust and IP is not considered relevant for this section.    

Agribusiness: Timberland Investment  

Aviation  

The Aviation practice includes finance, regulatory and liability & litigation sections. Finance concentrates on the advice to manufacturers, purchasers and investors (such as hedge and private equity funds) on the sale, leasing and acquisition of portfolios of aircraft. It also includes the 2001 UNIDROIT Convention on International Interests in Mobile Equipment, or Cape Town Convention, which relates to the electronic registration of aircraft interests.  

Regulatory includes legal advisory on existing aviation regulations and potential regulatory and legislative developments. It also includes the sponsorship of disputes before regulatory entities such as ANAC and other public authorities.  

Liability & Litigation table covers traditional accident defence litigation, including advising aviation insurers on coverage and other issues, as well as product liability claims and general commercial disputes affecting the aviation industry.  

Data Protection  

Education  

This section looks at corporate, finance, regulatory and litigation matters within the education market. In the corporate and finance fields the research will consider investments, mergers and acquisitions and other transactions in the sector. Regulatory matters will include all advice given with regards to existing regulations and potential regulatory and legislative developments, including disputes before the Ministry of Education (MEC) and other public authorities. Litigious matters will encompass all disputes related to education, such as pupil-related litigation, debt recovery, governance matters, employment law and exclusions.  
 
 

Energy & Natural Resources  

Mining: Focuses on all mining related activities including mineral exploration. Relevant work would be development and production agreements, including royalty issues. Engineering, processing and refining contracts, sales structures, real estate and environmental issues are also covered.  

Oil & Gas: Covers all upstream, midstream and downstream work including exploration, infrastructure and pipeline developments and service contracts, royalties, licensing and operation agreements.  

Power: Work covers advice on the development and permitting of energy projects (such as electric, coal, oil & gas fired plants, nuclear and hydro-electric plants), facilities management; co-generation and restructuring/deregulation arising out of the wholesale and retail markets. Please also include any renewable energy work in this section such as project development and regulatory issues surrounding wind and wave power generation, solar, biomass and geothermal energy generation. It also includes advice on compliance with clean energy regulations.  

Environment  

The environment chapter features both litigation and advisory/transactional support to clients. This includes the development of greenfield and brownfield sites, and pollution issues. 'Traditional' environment work includes regulatory compliance, litigation and enforcement actions related to air, water, wetlands, waste and endangered species. We also feature advice to corporate and financial clients on the environmental aspects of M&A, financings, securities offerings and other transactions.  

Fashion Law  

Gambling & Betting  

Healthcare: Regulatory 

Please note: Work related to research and commercialisation of drugs and medical devices should be presented to Life Sciences, as all the cases involving ANVISA regulations. Cases related to claims made by an injured party seeking financial compensation for damages caused by drugs or medical devices should be presented to Consumer Law.  

Insurance  

This area includes both contentious and non-contentious insurance and reinsurance matters. On the contentious side, we feature coverage claims litigation, broker`s negligence and both 'facultative' and 'treaty' reinsurance disputes. There is also an element of professional negligence issues arising from insurance disputes. On the non-contentious side, we include insurance aspects of M&A, financings, demutualisations and other regulatory issues.   

Life Sciences  

This practice area broadly focuses on the commercialisation of products across the life sciences sector, including pharmaceuticals, medical devices, biotechnology programs, life systems, cosmetics, nutraceuticals and food processing.  
  
The section also encompasses organisations and institutions that devote themselves to the research, development, technology transfer and commercialisation within the life sciences sphere. Intellectual property issues tend to dominate in this area as pharmaceutical giants seek to obtain innovative blockbuster drugs from biotechs and other sector companies. The section also centres on the licensing and acquisition of new products.  
Please note: M&A work for life sciences and pharmaceutical companies is not deemed a relevant work highlight in this section, except for any complementary regulatory advice that is specific to the life sciences industry.  

Media & Entertainment  

The Media & Entertainment section focuses on work related to advertising, film & television, music, publishing, art and theatre. Legal work in this field encompasses both contentious and non-contentious matters in the specific sectors mentioned above. Contentious matters include copyright and contractual disputes (either representing studios, producers or artists); free-speech litigation; IP and trademark disputes; antitrust and matters arising from financing and structuring said projects. Non-contentious matters include advising clients on the legal and regulatory aspects of these sectors, as well as production, financing and distribution matters; IP; licensing and supplementary rights planning.  

Please note: Brazil has a specific "Sports Law" section for individuals which should include all the aforementioned work which relates specifically to Sports.  

Public Law  

Shipping  

This section looks at shipping & maritime litigation involving breaches of charter-party disputes, cargo and bills of lading claims, the arrest of vessels and cargoes, marine insurance claims, collision, salvage and environmental liabilities. On the non-contentious side, law firms advise on contractual arrangements for construction, financing and registration of vessels, customs and licensing, and documentation relating to charter-parties and bills of lading. The section also looks at regulatory advice and litigation before regulatory bodies such as ANTAQ.  

Sports Law  

Dispute Resolution  

General Business Law  

General Business Law encompasses a range of commercial law fields relevant to high-end business users. The core focuses on corporate/commercial law, but in lieu of separate practice areas General Business Law can also cover many areas, including dispute resolution, banking & finance, and sector-specific practice areas.  

Infrastructure 

This section focuses on firms and lawyers who advise on transactions relating primarily to infrastructure assets that have already been completed and are operational in the respective Region. Infrastructure assets can include (but are not limited to) airports, ports, transmission lines, pipelines and (resources) storage. Secondary market transactions, where operational infrastructure is the underlying asset, form a crucial aspect of the work recognised, while equally, contract variation, asset management and other legal issues that arise over the course of the operation of an asset are also relevant.   

Labour & Employment  

Labour & Employment covers non-contentious matters relating to day-to-day business issues as well as workforce restructuring, and employment issues related to mergers and takeovers. Class Actions and Union-related matters are also considered. This section also covers litigation related to sex, race, age and national origin discrimination, harassment, wrongful termination and employment-related restrictive covenants. Advice on the writing of policy handbooks for major corporates and HR training also falls within this section's scope. 
 

Real Estate 

This chapter features a broad range of rural, commercial and residential real estate matters, including developments, investment transactions, M&A and corporate structuring. Purchase, lease, built-to-suit, surface and usufruct agreements, among other contracts, are also relevant examples of work. Firms may also support clients with registry matters, including land parcelling and title and deed regularisations.  
  
Real estate also encompasses work relating to financing products such as loans, receivable funds, mortgages and letters of credit. The firms may advise clients on the creation of special purpose entities, real estate investment funds and real estate investment trusts. Additionally, firms can handle sector-related disputes and provide general legal advice to tax matters relating to real estate transactions and companies.  

Tax  

Tax covers a broad range of matters on both the contentious and non-contentious side. Relevant matters include tax advisory work on international taxation, including transfer pricing and double taxation is highly relevant to this area, as is advice on tax structures for corporate transactions. This section also covers tax controversies, including both litigation and audits.  

BRAZIL: TRANSACTIONAL  

Banking & Finance  

Banking and Finance: Regulatory  

Includes work on regulatory matters in the financial services, including the implementation of new directives and national legislation, regulatory aspects of fintech and other general regulatory advice.  

Capital Markets: Debt  

Debt Capital Markets involves advice on the issuing of debt securities on a stock exchange, including stand alone bond issues, convertible and exchangeable bond offerings and high yield bonds, among others. 

Please note: Investment Fund work is not relevant to this section as there is a separate Investment Funds section.  

Capital Markets: Equity  

Equity Capital Markets includes advice on IPOs, share buybacks, follow-on offerings, right offerings, capital increases, accelerated bookbuilds and block trades, among others. 

Please note: Investment Fund work is not relevant to this section as there is a dedicated Investment Funds section.  

Corporate/M&A  

This broad category covers both public company and private equity (including venture capital) matters. The chapter includes company acquisitions and dispositions, capitalisations, entity selection and formation, operating and partnership agreements, and governance matters. Also covers those transactions designed to help restructuring within companies and their subsidiaries by change of ownership. Priority is placed on primary representatives, those acting for buyers and sellers. Non-transactional corporate advice is perfectly acceptable with the exception of contentious matters i.e. commercial litigation or arbitration which is only considered in the Dispute Resolution section.  

Crisis Management  

This table consists of leading firms who play a key role in mobilising firm resources and managing multidisciplinary teams to advise corporate and individual clients following catastrophic events, regulatory actions, criminal investigations, compliance failures and broader corporate crises. This research aims at highlight those who are considered a first choice to command a corporate response to a crisis.  

Environmental, Social & Governance (ESG)  

This section consists of the leading firms and lawyers who advise clients on their responsibilities and obligations with respect to the environment, society and their own corporate governance. Prominent areas of activity within this section include carbon neutrality and climate change litigation, sustainable finance, supply chain analysis and responses to socio-cultural developments such as allegations of sexual abuse and of discrimination on the basis of race, gender or sexual orientation. The section considers the ability to act across the whole scope of these activities, including analysing existing policies and structures for potential risk exposures, and responding to ESG crises affecting clients.   

The research also looks at the ESG measures adopted internally by the submitting law firms, which should demonstrate strong policies on all three fronts.   

Investment Funds  

This section ranks those firms and individuals advising all types of investment funds. It covers work on behalf of sponsors and institutional investors, including fund formation, fund raising, asset management regulatory matters, hybrid funds and fund-of-funds.  

Project Development  

The Projects chapter focuses on the development of large projects that arise from the capital-intensive infrastructure and energy and natural resources markets. Infrastructure projects include, but are not limited to, toll roads, ports, airports, rail and light rail systems, water treatment plants, sewage systems as well as social infrastructure such as hospitals, schools and prisons. In the energy and natural resources sectors, advice on projects includes refineries, pipelines, LNG and petrochemical terminals, power plants and transmissions, and others. Clients in this sector include special purpose vehicles, contractors and operators, and governments.  

 
Please note: Public/private partnerships, concessions and privatisations may also be considered in this section as long as the work is related to the structuring and development of projects. Work related to the bidding procedures and related administrative matters shall not be considered here, only in the Public Law section.   

Project Finance  

This section focuses on the financial aspects of projects, looking at financing, refinancing, acquisition and divestitures of large projects that arise from the capital-intensive infrastructure and energy and natural resources markets.   

Clients may include governments, sponsors and lenders such as banks and multilateral agencies.  

Real Estate  

This chapter features a broad range of rural, commercial and residential real estate matters, including developments, investment transactions, M&A and corporate structuring. Purchase, lease, built-to-suit, surface and usufruct agreements, among other contracts, are also relevant examples of work. Firms may also support clients with registry matters, including land parcelling and title and deed regularisations.  
  
Real estate also encompasses work relating to financing products such as loans, receivable funds, mortgages and letters of credit. The firms may advise clients on the creation of special purpose entities, real estate investment funds and real estate investment trusts. Additionally, firms can handle sector-related disputes and provide general legal advice to tax matters relating to real estate transactions and companies.  

Tax: Non-contentious  

This section covers a broad range of work relating to the tax efficient structuring of business operations, assets or transactions. Among other areas, we recognise teams for their tax advisory work as well as for their advice in relation to M&A and financing transactions, fund structuring and real estate related tax issues. It also looks at tax advisory work on international taxation, including transfer pricing and double taxation.   

Venture Capital  

This section covers work on behalf of entrepreneurs, founders, start-ups, emerging companies, individual and institutional investors, as well as VC funds and firms. Work might include negotiation of commercial agreements or partnerships, early and late-stage venture financings (including seed capital, Series A, B, C and D funding rounds as well as IPOs), regulatory compliance issues and other advisory work.