Erik Limongi Sial

Practice Areas

Erik Limongi Sial is a founding partner of the firm and a litigation specialist. He is a well-rounded lawyer with experience in a wide array of legal issues, including regulatory and administrative disputes. He oversees the most sophisticated cases and leads the relationship with the firm’s most important corporate clients. Erik acts on all court spheres in Brazil (including the Supreme Court and Superior Courts), with particular emphasis on the courts with jurisdiction over the Northeast Region states (Fifth Federal Regional Court and State Courts). He frequently advises companies from the following regulated sectors: telecommunications, insurance, energy, real estate, water treatment and distribution.

Career

Erik Limongi Sial founded Limongi Advocacia in January 1994. Beyond his outstanding legal career, he is also the Honorary Consul of Sweden in Recife (with jurisdiction covering the States of Pernambuco, Alagoas, Paraiba e Rio Grande do Norte).

Publications

• Article about “The Taxing Fury of the Federated States Versus the Criminalization of Tax Conduct – An Integrated Vision of Advocacy,” published in volume IV (N4/2017) of Paradigma Magazine, December/2017.

• Article on “Emancipations” in the light of Federal Law Nº. 10.406/02 (Civil Code of 2002), part of the work “Dictionary of Family Law,” coordinated by Professors Caetano Lagrasta Neto and José Fernando Simão, published by Editora GEN/ATLAS, in November/2015.

• Article “Law Firms from the 'Simple' Tax point of view” (in the light of Complementary Laws 147/2014 and 123/2006), which are part of the Annals of the “XXII National Conference of Attorneys,” held by the Federal Council of the Brazilian Bar Association in Rio de Janeiro/RJ (from 20 to 23 of October 2014).

• “Practical Influence of the Law of Obligations on the Applicability of the Regulatory Framework for Telecommunications Services”. Reflections on Substantive and Procedural Law: Work in Homage to Jones Figueirêdo Alves. São Paulo. Method Publisher. 2011. PP 111/134.

• “Principle of deference,” posted on the Migalhas website (migalhas.com.br) on March 2, 2022.

Languages Spoken

Portuguese and English

Work Highlights

• Author of the proposal that gave rise to the precedent nº. 109 of the Court of Justice of Pernambuco (TJPE), ruled and approved by the respective Civil Section in the session of October 02, 2009 (with the focus “The providing of details of local calls by telephone companies, established as of August 1, 2007, is free of charge”).

• Co-writer and defender of the Extraordinary Appeal nº. 1,059,819/PE (Recurso Extraordinário nº. 1.059.819/PE), ruled favorably by the Plenary of the Federal Supreme Court (STF) with the effect of general repercussion in a virtual session ended on February 02, 2022, whose ruling was published on May 03, 2022, giving rise to the biding precedent registered under “Theme 991” of its jurisprudence (with the content “The judicial annulment of a clause in a contract of concession signed by a Regulatory Agency and telephone service provider that, in compliance with the regulatory limits established by the Legislator, authorizes the incidence of readjustment of some tariff items in a percentage higher than the fixed inflation index, when this is not exceeded by the weighted average of all items, affronts the principle of separation of powers”).

Experience

• Founding partner of the law firm Limongi Advocacia, since January 1994.

• Lawyer since August 1993, specializing in Corporate Law, including Administrative, Civil, Commercial, Insurance, Real Estate, Regulatory, Telecommunications, and Tax Law.

• Founding partner of IDAJ (Institute for Legal Development and Improvement), in September 2001.

• Alternate Federal Councilor for Pernambuco, Brazilian Bar Association: 2016/2018 triennium (elected on March 29, 2016, sworn in on April 12, 2016).

• Member of the Special Committee on Corporate Advocacy, Federal Council of the Brazilian Bar Association: 2016/2018 triennium (appointed on September 20, 2016).

• Councilor of the Pernambuco Section, Brazilian Bar Association: elected on November 19, 2015, for the 2016/2018 triennium.

• Alternate Federal Councilor for Pernambuco, Brazilian Bar Association: 2014/2015 biennium (elected on June 16, 2014, sworn in on September 15, 2014).

• Member of the Special Committee on Corporate Advocacy, Federal Council of the Brazilian Bar Association: 2013/2015 triennium.

• Councilor of the Pernambuco Section, Brazilian Bar Association: 2001/2003, 2004/2006, 2007/2009, 2010/2012, 2013/2015 trienniums.

• Vice-Chairman of the Corporate Law Support Committee, Brazilian Bar Association – Pernambuco Section: 2013/2015 triennium.

• Member of the Board of Directors, College of Directors of Electoral Judicial Schools – CODEJE: elected in 2013 and re-elected in 2014.

• Vice-Director of the Electoral Judiciary School – EJE, Regional Electoral Court of Pernambuco - TRE/PE: unanimously elected by the Plenary of the Court in 2012, served until July 14, 2015.

• Consultant Member of the Special Committee for Corporate Advocacy, Federal Council of the Brazilian Bar Association: 2010/2012 triennium.

• Chairman of the Budget and Accounts Committee, Brazilian Bar Association – Pernambuco Section: 2010/2012 triennium.

• Councilor-Speaker, Brazilian Bar Association – Pernambuco Section, representing the Section before the Constitution and Justice Commission of the Legislative Assembly of the State of Pernambuco during deliberations on the Reform Project of the “Code of Judicial Organization” of the State of Pernambuco: 2007.

• Vice-Chairman of the International Relations Commission, Brazilian Bar Association – Pernambuco Section: 2004/2006 triennium.

• Chairman of the International Relations Commission, Brazilian Bar Association – Pernambuco Section: 2001/2003 triennium.

• Internship at the Legal Department of the Pernambuco Business of Agricultural Research (Empresa Pernambucana de Pesquisa Agropecuária - IPA), from July 27, 1991, to May 12, 1992.

Personal

Honorary Consul of Sweden in Recife, Pernambuco (whose jurisdiction encompasses the States of Pernambuco, Alagoas, Paraíba and Rio Grande do Norte), with a royal grant issued on May 30, 2014 by His Majesty, King Carl XVI Gustaf, and “exequatur” granted by the Ministry of Foreign Affairs of Brazil on December 03, 2015.

Education

Awards