Advocacia Fernanda Hernandez

The Practice

• Since its foundation (1991), the firm has always practised within the area of dispute resolution, especially in the litigation area, from local first instance of the Judiciary to the Supreme Court of Brazil. As an experienced dispute resolution practice, the firm provides legal advice and litigation services with a focus on finance and tax. The firm's clients span a broad range of industries in Brazil, including construction, public health, financial institutions, steel mills, food and beverage, sugar and alcohol fuel, environmental engineering, collective transport, mining, and real estate. The firm’s practice is known for its comprehensive approach to dispute resolution, addressing a wide range of complex, high-profile cases.

• Based in Brasília, the firm has a team of specialized lawyers with in-depth knowledge of the high courts of Brazil, who provide specific analysis and advice on the appropriate legal actions from case to case. With the oversight of the firm’s partners, the team is well experienced to take care of all necessary measures in order to achieve the most successful outcome to the complex matter brought by its clients.

• Such measures vary from drafting and filing petitions, appeals, personally delivering briefs of the cases to the relevant judges before trials and oral arguments and may be taken from the very first instances of Brazilian justice system until the Superior and Supreme Court depending on the matter. The firm is committed to constantly updating the clients regarding information associated with ongoing cases, as soon as it arises, or information regarding complex matters discussed in the Superior and Supreme Courts that may affect its client’s business.

• Over the past year, the firm has handled a significant number of cases, with notable aggregate deal values, especially in complex matters involving Brazilian Supreme Courts, which set important precedents for the entire country. The firm has achieved outstanding results across multiple sectors, contributing to its growing reputation as a trusted key player in high-value litigation.

• Advocacia Fernanda Hernandez’s legal team is well known for its commitment to carefully attend each of its clients’ needs in a personal and exclusive manner. The firm is also specialised in participation, as amicus curiae, in complex dispute resolutions judgments in repetitive appeals or submitted to the general repercussion system, before the Superior Courts. The team (i) follows the leading cases being discussed in the Brazilian high and most relevant courts; and (ii) is always in touch with the lawyers involved in previous local instances to provide the best possible legal action in the Brazilian high courts and, jointly, reach the most successful outcome to each client.

• The Dispute Resolution department is highly specialized in the area, with all team members holding postgraduate degrees, master's degrees, and courses that have made them lawyers recognized throughout Brazil. The team remains up-to-date with daily changes in relevant laws and judicial decisions, ensuring they are well-positioned to provide effective legal representation for clients.

The Team

• The team is headed by Fernanda Guimarães Hernandez - founding and naming partner of the firm -, who is the responsible lawyer for all cases handled by the team. Fernanda has a Doctorate Degree and more than thirty years’ experience of working before the Supreme and Superior Courts of Brazil.

• The other attorneys are experienced lawyers and specialists in the field, with extensive experience in the courts and always up to date with the latest and most complex issues, as well as the current needs of their clients. The team is made up of Luciana Frattini, Rodrigo Alarcon, Rebeca Azevedo, Sofia Vidigal and Júlia Seabra, all led by Fernanda, always maintaining diversity and the potential for innovation.

Clients

• The firm has long-standing clients who have full confidence in the work we perform. They appreciate the boutique style of our firm. Also, the one-to-one relationships maintained between the firm’s partners and each client assure an exclusive care of each case.

• In addition to working with many well established and long-term clients, we are frequently approached by new clients, especially when they have complex cases demanding high level solutions, exclusivity and our renowned expertise and credibility. Our experience shows that these newer clients became as loyal as the others within a short period of time.

• The firm's clients span a broad range of industries in Brazil, including construction, public health, financial institutions, steel mills, food and beverage, sugar and alcohol fuel, environmental engineering, collective transport, mining, and real estate. The firm’s practice is known for its comprehensive approach to dispute resolution, addressing a wide range of complex, high-profile cases. It’s important to highlight BRF S/A (Perdigão/Sadia), Juscapital – Jus Capital Gestão de Recursos Ltda., Jive Investimentos Consultoria Ltda., Vega Engenharia Ambiental S/A, Anglo Ferrous Brazil S/A, Sotave Amazônica Química e Mineral S/A and Group Odebrecht, who are long-standing clients of the firm.

Managing Partner: Fernanda Hernandez

Firm Overview:

Advocacia Fernanda Hernandez is a Brazilian law firm established in 1990 in Brasília. From the very beginning, the firm has been deeply committed to its clients, always looking for the greatest outcomes through ethical principles and transparency.The Fernanda Hernandez Law Firm stands out for his performance in the First Instance of Federal Court of the Judicial Section of Federal District, Common Justice of Federal District and Territories, Courts of Justice of Federal District and Territories, Federal Regional Court of First Region, Regional Labor Court, Superior Labor Court, Superior Court and Supreme Court. The legal advice given by our office members also covers administrative demands on the Board of Tax Appeals (CARF), the National Department of Mineral Production (DNPM), the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA), the Ministry of Justice and the Finance Department of the Federal District. Thr firm also has a strong knowledge in acting as amicus curiae on matters submitted to trial in Supreme Court and Superior Courts of Brazil in cases of general repercussion and repetitive petitions. Furthermore the firm acts as a legal correspondent, in Brasília for the legal departments of various companies and for many law firms from the several localities in Brazil. The firm has its legal practice in the following branches of activities: constitutional, tax, administrative, labour, social security, mining, civil and real estate. In addition, the clients that utilise its services come from various sectors in Brazil as: construction, public sanitation, financial institutions, steel mills, food and beverage industries, cosmetics, sugar and alcohol fuel industries, data processing companies, petroleum industries, environmental engineering, collective transportation, mining and real estate.

Main Areas of Practice:

Constitutional Law:

The firm primarily acts on topics related to constitutional law. Its lawyers promote the issuance of legal opinions and advice, especially as a preventive matter. The firm aims to guide strategies towards the ongoing proceedings in accordance to the current jurisprudence and determinations of the Supreme Court of Brazil with the writing of legal opinions and provision of services in original actions and appeals, as well as to provide legal services of any constitutional nature to its clients.

Tax:

The firm elaborates anticipatory legal advice, as well as any further consultation on federal and local tax matters with deep understanding of the jurisprudence of the courts and in matters highlighted as “General Repercussion” by the Supreme Court and as “Repetitive Resources” by the Superior Court of Justice, for use in the defense and in judicial procedures.It provides legal defence in tax audits and supports, with distinction, any administrative or legal proceeding. Moreover, it acts in tax proceedings and tax and social security litigation, real estate and local taxation, corporate taxation, indirect tax recovery, social security consulting and special tax regimes. And also in the defense preparation of administrative proceedings, especially before the Board of Tax Appeals (CARF) and before the Department of Finance of the Federal District, as well as consultations, opinions and “due diligence.

Administrative Law:

Advocacia Fernanda Hernandez assists its clients in administrative litigation, including administrative impropriety, administrative contracts and licitation. As a further matter, its work is directed to the study of regulations, acts and laws issued by the various regulatory agencies resident in Brasília, in order to optimise the activities related to the products and services that are subject of the government inspection. The firm provides advice and monitors licitation procedures, administrative procedures of misconduct and public civil procedure. And the legal advice provided by our professionals covers also administrative demands to, the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA), the National Institute of Colonization and Agrarian Reform (INCRA), the Ministry of Justice and other executive agencies.

Labour & Social Security:

The firm assists its clients in labour and social security litigations in general. Its main objectives are to provide preventive advice in order to outline further procedures and to provide its clients with the best outcomes towards its legal services. Moreover, it deals with employment contracts, human resources, collective bargaining (collective transportation) and labour relations, dismissals and rearrangement, labour planning and revisions, arbitration and litigation, advisory services in judicial disputes, administrative and contentious proceedings (including sportive contentious labour proceedings).

Mining:

The firm aims to provide its clients with legal advice and advocacy in administrative and judicial proceedings towards the mining branch of law, especially in royalties matters. It aims to guide companies regarding the application of the existing legislation concerning the mining rights, particularly in obtaining research permissions and mining concessions with the National Department of Mineral Production (DNPM). Promote advice and defense in administrative and judicial proceedings, especially pertaining to the Financial Compensation for Exploration of Mineral Resources (CFEM).

Civil Law:

Advocacia Fernanda Hernandez provides a preventive consulting service in order to assist its clients towards the preparation of contracts (and their revision), general documents and agreements. Moreover supports its clients in negotiation conflicts by performing these procedures and by concluding legal transactions. Also, it offers advocacy services on the most general judicial proceedings, especially related to bonds, family law and successions, especially.

Property Law:

The firm provides legal advice, including “due diligence”, for the purchase or exchange of property and participation in special purpose company, opening or defensing of legal proceedings until the final decision, with the practice of all proceedings, and advises on bidding for acquisition of property, with legal actions if necessary.Furthermore it helps with the development of allotments, parceling of land, establishment of condominiums and detached assets institution. Administration for approval of real estate projects including the issuance of the occupancy permission from the public administration, consulting for legal management of defaulters in the real estate portfolio, and development and termination of contracts. And also acts on real estate litigation in the incorporator responsibility processes, real rights, possessory, adverse possession, prohibitory interdict, writs of mandamus, among others where the team is specialized in conducting agreements in order to reduce the time and cost of litigation.

Languages: Portuguese, English, Spanish, French.

Advocacia Fernanda Hernandez is a Brazilian law firm founded in 1990 in Brasília. From the very beginning, the firm has been deeply committed to its clients, always seeking the best results through ethical principles and transparency.The Fernanda Hernandez Law Firm stands out for its performance in the First Instance of the Federal Court of the Judicial Section of the Federal District, Common Justice of the Federal District and Territories, Courts of Justice of the Federal District and Territories, Federal Regional Court of the First Region, Regional Labour Court, Superior Labour Court, Superior Court and Supreme Court. The legal advice provided by the members of our firm also covers administrative claims before the Tax Appeals Board (CARF), the National Department of Minerals Production (DNPM), the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA), the Ministry of Justice and the Tax Department of the Federal District. The firm also has extensive experience in acting as amicus curiae in cases before the Brazilian Supreme Court and Superior Courts, in cases of general impact and repetitive petitions. In addition, the firm acts as legal correspondent in Brasília for the legal departments of various companies and for many law firms in the various Brazilian cities. The firm has its legal practice in the following areas of activity: constitutional, fiscal, administrative, labour, social security, mining, civil and real estate. In addition, the clients who use its services come from various sectors in Brazil, such as: construction, public health, financial institutions, steel mills, food and beverage industry, cosmetics, sugar and alcohol fuel industry, data processing companies, petroleum industry, environmental engineering, collective transport, mining and real estate.