BRAZIL: CONTENTIOUS 

Bankruptcy/Restructuring 

The focus of this section is the representation of insolvent commercial entities, with a view to either restructuring the terms of their debt whilst continuing to trade, or ceasing operations and liquidating assets to repay their creditors. Lawyers in this chapter assist clients such as corporate debtors, investors and asset purchasers; secured and unsecured creditors and creditors' committees, bondholders, insurers; directors of distressed companies and any other interested parties in corporate restructurings. Also relevant to this section is any contentious work relating to the disputes between parties involved in bankruptcy proceedings. 
 
Please note: The acquisition of the assets of distressed companies will be considered for this section, but is considered secondary to the aforementioned areas of work. 

Competition/Antitrust 

Competition/Antitrust covers the body of laws that prohibits anti-competitive behaviour (monopoly) and unfair business practices. This includes practices that hurt businesses, consumers, or both, or that generally violate standards of ethical behaviour. Antitrust litigation and M&A-related competition matters are both included in this section. 

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 

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. 

Dispute Resolution: Litigation Mid-market

Please note: Litigation related to Labour & Employment and Tax should not be included in 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: Mid-market

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: Contentious 

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 

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 

This section relates to corporate compliance with privacy and information-management laws, namely the General Data Protection Law (LGPD) and other regulations. Law firms advising on data security breaches and on the ramifications and requirements of data breach notifications also have relevant work in this field. Representing clients in investigations, enforcement actions, administrative procedures or litigation related to said data security breaches are also to be included in this section. International work in Privacy and Data Security can include advising clients with multinational operations on issues relating to cross-border transfers of data, such as in large-scale outsourcing transactions involving several countries, and on global or multi-jurisdictional privacy compliance programmes. 

Energy & Natural Resources 

Although Chambers is aware of the overlap with projects and project financing, the energy chapters principally focus on regulatory issues arising from the sector. These include the regulatory components of M&A and other transactional work, pure regulatory work related to the application for licenses and compliance and enforcement with regulatory bodies. We also consider the buying and selling of energy assets. This section is divided into Mining, Oil & Gas and Power: 

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 

This section is concerned with commercial and contentious matters in the context of the fashion industry. The research will look at activity in fields of intellectual property, social and environmental responsibility and general commercial law. IP issues include the registration of patents, trademarks and copyrights before national and international authorities, such as the INPI, as well as administrative and judicial disputes concerning those registrations. Social and environmental responsibility encompass compliance with human rights, labour, environmental and sustainability standards and obligations as well as litigation related to these issues. Finally, commercial matters will consider corporate and commercial contracts of fashion companies as well as forthcoming disputes.  

Healthcare (Regulatory) 

This area focuses on work provided for health insurance companies and private healthcare companies, in accordance with ANS – Agência Nacional de Saúde Suplementar regulations. Firms can assist healthcare insurance companies with the creation and registration of new policies, purchase and sale of insurance portfolios, mergers and financing. Law firms can also help healthcare providers (hospitals, clinics and laboratories) obtain accreditations to provide healthcare services and work within insurance plans, as well as advise those providers on the regulatory approvals needed for corporate transactions in this industry.  

This section also encompasses administrative and judicial contentious work relating to plan coverage, insurance claims, quality of the services provided by both healthcare and insurance companies to consumers, pricing of insurance premiums and medical procedures, among other regulatory-related subjects. 

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 

Public Law focuses on the relationship between individuals or private entities and central and local government and other public or regulatory bodies, which for the purpose of the Brazil guide covers constitutional and administrative law matters such as, contentious and non-contentious proceedings, judicial reviews, litigation before constitutional courts, advice on the powers and administrative functions of the government.  

It also includes matters relating to public procurement, privatizations, concessions and other types of public/private partnerships (PPPs), as well as regulatory advice excluding regulatory work related to specific practice areas already considered in a particular jurisdiction: Competition, Energy & Natural Resources, Labour and Employment, Life Sciences, Tax, Telecommunications, Intellectual Property, among others.  

Sports 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. 

Technology 

The Technology section focuses on Information Technology. Advising companies on technology regulations and drafting contractual agreements in the technology field, such as technology-transfer agreements and outsourcing contracts between large corporations and suppliers of IT services, are central components of active legal work in this field. Law firms advising investors or start-up enterprises in the IT sector, including those related to strategic agreements, regulatory adequation, corporate governance and IT litigation, are also significant forms of legal work for this section. 

Please note: Data Protection and Privacy matters (LGPD) are not relevant in this section, as they should be included in the specific Data Protection ranking. 

Telecommunications 

This section concentrates on a range of legal issues arising from the heavily regulated areas of telecommunications and broadcasting. Work includes transactional and litigation advice to telecoms companies, wireless operators, TV and/or radio broadcasters and the regulatory issues that such companies face. These issues might be government sponsored-inquires, investigations or compliance proceedings. Other matters include interconnection and resales laws, multimedia agreements and licensing activity. 

Third Sector

REGIONS 

These sections are focused on specific regions of Brazil. Matters must be from the respective jurisdiction or have an impact in that region. Firms must also have an established office with registered partners within said region. The regional sections are the following: 

Brasília:

1. Dispute Resolution 
   

Campinas & Surroundings:

1.  General Business Law 
   

Centre West:

1. General Business Law
   

1. Corporate/Commercial 
   

2. Dispute Resolution 
   

3. Labour & Employment
   

4. Tax 

North:

1. General Business Law 
   

North East: 

1. Corporate/Commercial 
   

2. Dispute Resolution 
   

3. Labour & Employment
   

4. Tax 
   

Paraná:

1. General Business Law 
   
   

Rio de Janeiro: 

1. Corporate/Commercial 
   

2. Dispute Resolution 
   

3. Labour & Employment
   

4. Tax 
   

Rio Grande do Sul: 

1. Corporate/Commercial 
   

2. Dispute Resolution 
   

3. Labour & Employment
   

4. Tax 
   

Santa Catarina:

1. General Business Law 
   

Dispute Resolution 

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. Types of litigation may include commercial and labour disputes and white-collar crime including government investigations. Dispute Resolution also includes domestic and international arbitration, 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. Alternative dispute resolution, involving non-court mediation is also covered in this section. 
Please note: Tax should not be included in Dispute Resolution submissions as there is a separate Tax section. 

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. 

Labour & Employment 

Tax 

BRAZIL: TRANSACTIONAL 

Banking & Finance 

Banking refers to all types of regulatory banking work. Firms can render regulatory advice to any type of private or public financial institution. Finance refers to all types of financing including (but not limited to) corporate finance including acquisition or leverage finance, and asset finance. Work highlights typically take the form of secured and unsecured bilateral and syndicated loans but may also constitute structured finance deals. General bank lending, including interbank lending, is relevant to this section as well. The refinancing and restructuring of existing loans and debtor in possession financing is also included. Clear preference is given to lawyers and firms that represent the lender/financial institution. 

Please note: All types of transactions using securities instruments, for example IPOs or debt offerings, are not relevant to this section, as they should go in the separate capital markets ranking.  

Banking and Finance: Regulatory 

Capital Markets 

This section focuses mainly on transactional work involving capital markets instruments such as Debt & Equity securities; Derivatives; Securitisation; Structured finance (CDOs, repackagings, other synthetic products). Lawyers may represent either issuers (both sovereign and corporate) and/or underwriters, as well as placement agents and broker dealers in public and private placements. Unlike in banking & finance, there is no in-built advantage for firms that exclusively or predominantly represent the financial institution. Firms may also report regulatory securities work but in the main, this is given less weight than transactional work. 

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

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.