Litigation in Brazil

Machado Meyer Sendacz e Opice Advogados

In Brasília, Machado Meyer Sendacz e Opice Advogados has a well-established reputation for its expertise in private pension funds and regulated industries, including oil and gas, energy and telecoms. In addition to its notable strength in complex litigation at the administrative and judicial superior courts, the group is also noted for its track record in tax disputes, in which it often assists clients with proceedings before the Brazilian Federal Revenue Department. Practice head Cristiane Romano has extensive experience in litigation, arbitration and mediation and is especially sought after to handle cases before the Supreme Federal Court (STF) and the Brazil Federal Administrative Tax Court (CARF). Other key practitioners in the department include Diana Piatti Lobo, a specialist in administrative and judicial tax claims, and litigator João Vitor Luke Reis.

Practice head(s):

Cristiane Romano

Key clients

Corporação Andina de Fomento (CAF)

Fundação Sistel de Seguridade Social (SISTEL)

Internacional Health Insurance Danmark

BUPA Insurance

Fundação de Previdência Privada Empregados da FINEP

Instituto Infraero de Seguridade Social

Breitener Tambaqui

Breitener Jaraqui

Work highlights

  • Represented the Brazilian Electrical and Electronics Industry Association and Bompreço Supermercados do Nordeste in a claim before the Superior Court of Justice regarding the legality of a law which revoked the zero-rate tax incentive on PIS/COFINS taxes levied on gross revenue from retail sales of electronic goods.
  • Assisted Associação Nacional de Empresas de Aluguel de Veículos with a claim before the STF related to the constitutionality of legislation enacted by the state of Santa Catarina to regulate the vehicles tax (IPVA).
  • Represented Instituto Aço Brasil in a claim before the STF involving the constitutionality of legislation that allows the discretionary manipulation of the percentage of refunded tax obtained via the REINTEGRA programme.

Mattos Filho

Mattos Filho‘s Brasília-based litigation and arbitration team is able to leverage the firm’s national office network and expertise in public law, tax, labour and corporate law to handle complex disputes of national relevance in the superior courts. Notably, the group acted for BHP Billiton in a R$155bn lawsuit regarding the environmental disaster caused by the collapse of the Fundão tailings dam in Mariana. The team also stands out for its track record in constitutional disputes involving bilateral agreements signed with other countries, concession transfers and mutual legal assistance treaties (MLAT). A key contact in the team is Maricí Giannico, who focuses on appellate litigation, administrative disputes and regulatory matters. At the associate level, names to note include competition law specialist Frederico Bastos Pinheiro Martins, and Marina De Mello Cerqueira Zarur and Marselhe Cristina De Mattos, who both have extensive experience in civil litigation at the trial and appellate levels. Diego Herrera de Moraes, who has handled matters before Brazil’s surperior courts, and is noted for his experience in disputes in the tech, media, entertainment and telecoms space, joined from HD Advogados in July 2022.

Key clients

CESP – Cia Energética de São Paulo

Bunge Alimentos

IBM Brasil

Associação Brasileira da Infraestrutura e Indústria de Base

Instituto Brasileiro do Petróleo

Chubb Seguros Brasil

Grupo Oncoclínicas

Votorantim Cimentos

Enel Distribuição Goiás

Instituto de Defesa do Direito de Defesa

Allianz Seguros

Fiat Chrysler Automóveis Brasil

Sanofi Pasteur Brasil

Magazine Luiza

Associação Brasileira de Distribuidores de Energia Elétrica

Iveco Magirus Brandschutz-Technik Gmbh

CNH Industrial Brasil

Facebook Brasil

WhatsApp

Gatesair do Brasil

Federação das Organizações Indígenas do Rio – FOIRN

Mylan

BHP Billiton

iFood.com Agência de Restaurantes Online

Intercement

Companhia Energética SINOP

Work highlights

  • Acted for Meta Platforms in several claims before the superior courts and the electoral justice related to matters regarding the interaction between WhatsApp services and electoral propaganda and the constitutionality of blocking WhatsApp services for non-compliance with wiretap orders.
  • Assisted BHP in the R$155bn judicial litigation arising from the collapse of the Fundão tailings dam in Mariana, Brazil.

Pinheiro Neto Advogados

Praised for its ‘dedication and commitment to achieve successful outcomes for clients’, the dispute resolution team at Pinheiro Neto Advogados is often retained by large national and international companies from an array of industries, including mining, banking, IT, construction and life sciences. The group handles a busy caseload, which includes matters related to public and constitutional law, corruption allegations, and corporate and commercial disputes. Names to note in the practice include mining law and government relations expert Carlos Vilhena; Leonardo Rocha e Silva, who focuses on complex litigation before the appellate courts; José Alexandre Buaiz Neto, whose expertise spans bribery investigations, competition law and compliance issues; and litigator Vicente Coelho Araujo.

Testimonials

‘The team is differentiated by its excellent service. Some of its highlights are the technical capacity of the team, the dedication and commitment to achieve successful outcomes for clients, and always acting as if they were part of the client’s business.’

‘Pinheiro Neto is always dedicated to responding to its clients no matter what time or day.’

‘The team is always innovating in order to be up to date on legislative changes and to provide clients with the best solutions.’

‘Vicente Araújo and Lais de Oliveira have great technical competence and dedication to clients.’

Work highlights

  • Represented Caixa Econômica Federal in a number of disputes before the Federal Supreme Court and the 7th Lower Federal Court of Brasília.
  • Acted for Sama Minerações Associadas in a claim filled by the Federal Prosecutor’s Office arguing that the company failed to collect mining royalties between 1991 and 2005.
  • Assisted Siemens with a writ of mandamus challenging an administrative decision to suspend its rights to participate in any bidding processes.

Sergio Bermudes Advogados

Sergio Bermudes Advogados is well known for its specialised expertise in litigation. The group stands out for its track record in complex and high-stakes disputes before the superior courts and the federal regional courts in Brasília, where it handles a wide range of matters involving constitutional and public law, corporate and commercial issues and electoral law. In addition to its varied client list of companies from the energy, infrastructure, mining, banking and financial services sectors, the practice is also a popular choice for industry representatives such as the Associação Brasileira dos Produtores Independentes de Energia Elétrica (APINE) and Associação da Magistratura Brasileira (AMB), among others. The practice is jointly led by civil litigator André Silveira; Flávio Jardim, a key contact for tax, administrative and constitutional law disputes; public law litigator Guiomar Feitosa Lima Mendes; Guilherme Coelho, who focuses on complex cases before the regulatory agencies and superior courts; and Luis Felipe Freire Lisboa, whose expertise spans corporate, insurance and inheritance law.

Practice head(s):

André Silveira; Guiomar Feitosa Mendes; Luis Felipe Freire Lisboa; Flavio Jardim; Guilherme Coelho

Testimonials

‘Excellent technical quality, proactivity and availability.’

‘The firm has extensive knowledge of the judiciary, which demonstrates the group’s expertise in litigation.’

‘Flávio Jardim and Guilherme Coelho are well known for their reputation, in addition to being always attentive to jurisprudential changes, which is essential for defining strategies.’

‘Competent and capable lawyers.’

‘Agility, knowledge and relationship with stakeholders.’

Key clients

Confederação Nacional do Comércio (CNC)

Leste Litigation Finance

Jus Capital

Jive Asset

Drogaria Pacheco-Drogaria São Paulo (DPSP)

Vale

Banco Bradesco

BR Distribuidora

White Martins

Claro

Bradesco Seguros

Banco Safra

Associação da Magistratura Brasileira (AMB)

Associação das Empresas de Ônibus Urbanos (NTU)

Caixa de Assist. dos Funcionários do Banco do Brasil (Cassi)

Federação das Indústrias do Estado do Amazonas (Fieam)

Federação Nacional de Saúde Suplementar (Fenasaúde)

Associação Brasileira de Distribuidores de Energia Elétrica (Abradee)

Associação dos Grandes Consum. de Energia Elétrica (Abrace)

Associação Brasileira de Geração de Energia Limpa (Abragel)

Associação Brasileira dos Produtores Independentes de Energia Elétrica (Aline)

Sindifisco Nacional

Brookfield

Enel

Energisa

Associação Brasileira de Investidores em Autoprodução de Energia (ABIAPE)

Advocacia Fernanda Hernandez

Advocacia Fernanda Hernandez is well recognised for its strength in dispute resolution, particularly litigation related to finance and tax matters. The group is specialised in a broad range of judicial and administrative disputes, appellate litigation and complex cases before the superior courts, including representing companies as amicus curiae. Founding partner Fernanda Guimaraes Hernandez, who draws on over 30 years of experience in leading tax disputes, heads the firm. Cases involving government contracts, administrative misconduct and public procurement are among the areas of expertise for Luciana Marques dos Reis Frattini and Rebeca Azevedo da Silva. Rafaella Alencar Ribeiro focuses on tax planning and litigation, and Isadora Cronemberger Caixeta is a key contact for matters involving mining, constitutional and administrative law.

Practice head(s):

Fernanda Guimarães Hernandez

Testimonials

‘Rigorous preparation of cases added to the extensive experience in litigation.’

‘Impeccable petitions and studious professionals who work hard, even on weekends, to achieve the best possible result for their clients.’

‘The clear perception that the client’s problems are challenges to be overcome immediately and strategically.’

‘Fernanda Hernandez was very successful in training her team of young lawyers. Internal meritocracy, short, medium and long term goals and always differentiated contact with clients.’

Key clients

Expressa Distribuidora de Medicamentos

Camargo Correa

Maisbarato Comércio de Bebida e Alimentos

Grupo Solví Participações

Group Attos

Anglo Ferrous Brazil

Líder Táxi Aéreo

Cascol Combustível para Veículos

Sotave Amazônica Química e Mineral

Base Investimentos e Incorporações

Advocacia Grandra Martins

Work highlights

  • Advised a food and beverage company on the discussion about replacing the legal deposit for an insurance bond.
  • Assisted a client on the compulsory loan to Eletrobras that was imposed on consumers of electricity.
  • Advised a client on legal procedures and tax matters regarding the acquisition of credit rights for investors.

BFBM – Barroso Fontelles, Barcellos, Mendonça & Associados

With a strong focus on dispute resolution, including both administrative and judicial proceedings, BFBM – Barroso Fontelles, Barcellos, Mendonça & Associados regularly acts on cases before the Supreme Federal Court (STF), the Supreme Court of Justice (STJ), the Superior Labour Court (TST) and the Federal Court of Accounts (TCU). The group is particularly known for its activity in the banking and finance, telecoms and technology segments, where it receives instructions from large domestic and international companies such as Petrobas and Meta Platforms. Litigator and consultant Eduardo Mendonça, who has recently been busy handling matters related to the regulation of new technologies, leads the practice. Felipe Monnerat Solon de Pontes, who heads the firm’s telecoms department; procedural and constitutional law expert Renata Saraiva Verano; and Rafael Barroso Fontelles, who focuses on high-value litigation cases in the banking sector, are also noted.

Practice head(s):

Eduardo Mendonça

Testimonials

‘The firm stands out for its excellence in providing legal services. The partners demonstrate extensive knowledge about the matters being dealt with. More than that, they dominate the details of the litigation process in the superior courts.’

‘The solutions are always designed in a tailor-made way. We know this, because we work in partnership with the firm in several strategic cases.’

‘I would particularly highlight Ana Paula Barcellos, Eduardo Mendonça, Felipe Monnerat, Rafael Barroso and Renata Verano. They are highly qualified partners and admirable professionals. They have extensive experience in handling complex cases at the Federal Supreme Court (STF) and the Superior Court of Justice (STJ).’

‘Felipe Monnerat is a very engaged and competent partner, always available and offering solid strategies and innovative ideas.’

Key clients

Petrobras

Banco Volkswagen

ABRAPLEX

FGC

FEBRABAN

Banco Triângulo

SODEXO

Princesa do Sul

Indústria Missiato de Bebibas

Meta Facebook

Cocelpa – Celulose e Papel do Paraná

Atento Brasil

CPFL – Cia Piratininga

Copen

Sindicato de Jogadores de Futebol – SP e MG

FGC

Sena Advogados

Banco Votorantin

Moara Bio estimulante agro ambientais

Luis Dreyfus

Work highlights

  • Represented Itaú Unibanco in a public interest claim filed by the Federal Attorney General’s Office (MPF).
  • Acted for Tristão in a claim before the Federal Supreme Court to reverse a previous decision of a retroactive declaration of expiry of the statute of limitations.
  • Assisted Itaú with a claim filed by Magnatex seeking compensation and an order for Itaú to submit accounting reports for alleged unauthorised transactions.

BMA - Barbosa, Müssnich, Aragão

BMA – Barbosa, Müssnich, Aragão is well recognised for its expertise in judicial review cases related to the legality of the enforcement of decisions made by government bodies. Under the leadership of André Macedo De Oliveira, the team is often retained to handle cases in the Supreme Federal Court, the Supreme Court of Justice and the Superior Labour Appeals Court. Key support is provided by associates Sarah Roriz De Freitas, who focuses on litigation before the superior courts, and Giovani Menicucci, who often represents companies from the construction, energy and telecoms sectors in disputes involving administrative misconduct and competition law.

Practice head(s):

André Macedo de Oliveira

Testimonials

‘The office has implemented a very effective process of mapping court cases. Very efficient data analysis, making it possible to understand changes in the jurisprudence of the courts, therefore, facilitating strategic decision-making by our team.’

‘The firm provides a truly excellent service. The service is personalised and the lawyers have unique expertise.’

‘BMA is always addressing current issues from different perspectives and areas, placing the firm at the forefront of innovation.’

‘André Macedo de Oliveira and Giovani Menicucci are unparalleled. Giovani is always available and very attentive, in addition to having a differentiated technical knowledge.’

One of the elements that distinguishes the office is the quality of the service. Despite being a full service office, the relationship with the client is similar to that of a boutique office, that is, in a more personal way, with great availability.’

‘André Macedo de Oliveira stands out for his technical capacity as well as his relationship with the client and his ability to lead the team and dialogue with other partners. He builds the appropriate strategy for the case and is always available to listen and exchange ideas. He explains the existing possibilities and options to the client, keeping the channels of communication always open.’

‘Andre Macedo is extremely technical and well regarded by all judges, especially in higher courts.’

‘Rafael Castilho is the partner who takes care of us. With Rafael, you feel that your case will be protected and that every effort will be made for a successful outcome.’

Key clients

Airbnb Ireland

Ambev

Hewlett-Packard Brasil

Peróxidos do Brasil

Associação Brasileira de Mobilidade e Tecnologia (Amobitec)

TAM Linhas Aéreas (Latam)

Solvay

Abengoa Construção Brasil

Nexans

Delta Engenharia, Indústria e Comércio

Carrefour

Nova SB

Sega Corporation

Rhodia Poliamida eEspecialidades

Work highlights

  • Advising Airbnb on appeals before the Superior Court of Justice regarding the legality of its business model in Brazil.
  • Acted for Carrefour in a dispute before the Brazilian National Secretary of Consumer Defense related to a tool available for consumers on the company’s app that ranks industrialised food according to certain criteria based on their nutrients.
  • Represented Amobitec in a claim seeking to invalidate a decision from the Federal District to oblige certain transport and food delivery companies to provide installations every three kilometres to attend drivers.

Perdiz de Jesus Advogados Associados

Under the leadership of founding partner José Perdiz de Jesus , who draws on over 30 years of experience in appellate litigation, the dispute resolution team at Perdiz de Jesus Advogados Associados frequently acts for companies and private clients in arbitration proceedings and complex disputes before the higher courts in Brasília, most notably the Supreme Federal Court, the Supreme Court of Justice, the Superior Electoral Court and the Federal Regional Courts. Procedural law and civil and administrative litigation are areas of expertise for Rodrigo Neiva Pinheiro  and Vitor Perdiz de Jesus Borba .

Practice head(s):

José Perdiz de Jesus

Testimonials

‘Excellent quality of work led by partner José Perdiz de Jesus.’

‘Litigation boutique located in Brasília with great knowledge of the procedures of the superior courts.’

‘José Perdiz de Jesus leads the practice. He is well known in the judiciary.’

‘Perdiz de Jesus is a very traditional firm in Brasília. It is very respected for its litigation practice and expertise in cases before the Superior Court of Justice and the Federal Regional Court of the 1st Region.’

‘José Perdiz de Jesus is a very bright lawyer. He is very respected among the lawyers in Brasília.’

Key clients

Itaipu Binacional

Globo Comunicações e Participações

Confederacao Brasileira de Futebol

Empresa Sul Americana de Montagens

Associação Mato-grossense de Plantadores de Algodão

Associação dos Produtores de Soja e Milho do Estado do Mato Grosso

Banco Premium Brasil

Centro Universitário de Brasília

Gran Nutriz

Editora Globo

Cooperbio

Espólio Sango Kuramoti

Lince Máquinas e Lince Veículos

Work highlights

  • Acted for the Brazilian Football Confederation (CBF) in a claim filed against Marfrig Alimentos for damages concerning a breach of a sponsorship agreement.
  • Represented Globo Comunicação e Participações in a case before the Supreme Federal Court regarding the application of the right to be forgotten.
  • Assisted Itaipu Binational with a claim filed by construction companies seeking compensation for losses allegedly suffered during the construction of the Itaipu binational hydroelectric power plant.

Piquet, Magaldi e Guedes Advogados

Piquet, Magaldi e Guedes Advogados is noted for its specialised expertise in public contracts, regulatory matters and high-profile litigation. The group stands out for its track record in the infrastructure sector, where it handles disputes involving bidding processes, concessions and fines at the superior courts and the Federal Court of Accounts (TCU) on behalf of construction companies, concessionaires and associations. The practice’s leadership is split between Guilherme Magaldi, who has extensive experience in cases of national relevance, and Antonio Henrique Medeiros Coutinho, who is especially sought after to advise national and international clients on matters related to the TCU.

Practice head(s):

Guilherme Magaldi; Antonio Henrique Coutinho

Testimonials

‘Very high knowledge of matters related to the TCU and administrative and judicial processes. It works with excellence in high-value and very complex processes.’

‘Solid and proven experience in the sector, knowledge of the market in Brasilia. Excellent quality of services, very good value for money and very good knowledge of the public sector.’

‘Arthur Guedes is a strategist, who has very good knowledge of the public sector, the Brasília market and processes related to the TCU,  always fostering the construction of a long-lasting partnership with the clients.’

Key clients

Andrade Gutierrez Engenharia

Bandeirantes Deicmar Logística Integrada

Construtora OAS

Coesa Engenharia

ABRAPP – Associação Brasileira das Entidades Fechadas de Previdência Complementar

SINDAPP – Sindicato Nacional das Entidades Fechadas de Previdência Complementar

Concessionária Rio-Teresópolis

Rádio e Televisão Bandeirantes

Sindicato Nacional da Indústria da Construção Pesada  (SINICON)

Concessionária Rota do Oeste

Odebrecht

Construtora Norberto Odebrecht

Plurimus – Consultores Associados

ADM do Brasil

FOSPAR – Terminal de Fertilizantes no Porto de Paranaguá

Triunfo Logística

TSK Energia e Desenvolvimento

Arteris

Neves & Marinheiro & Marinheiro (Moinho Paulista)

Construtora Barbosa Mello

Capgemini Latin America and Capgemini Brasil

Consortium Metrosal

Work highlights

  • Represented Andrade Gutierrez Engenharia in an administrative improbity action filed by the Prosecutor’s Office of the State of São Paulo.
  • Assisted ABRAPP (Associação Brasileira das Entidades Fechadas de Previdência Complementar) and SINDAPP (Sindicato Nacional das Entidades Fechadas de Previdência Complementar) in two cases before the Supreme Federal Court to review the constitutionality of proceedings in the TCU.
  • Acted for Concessionária Rio Teresópol (CRT) in a public civil action filed by the Federal Prosecution Office for allegations of irregularities in the adjustment of the concession’s toll tariffs.

Siqueira Castro – Advogados

National firm Siqueira Castro – Advogados is well known for its longstanding reputation in dispute resolution, which attracts a strong following from household name companies, particularly those operating in the telecoms, real estate, banking and manufacturing segments. Under the leadership of founding partner Carlos Roberto Siqueira Castro and Marina de Araújo Lopes, who often acts in cases in the superior courts, the team handles litigation spanning a wide range of matters such as white-collar crime, debt collection, shareholder disputes and public law.

Practice head(s):

Carlos Roberto Siqueira Castro; Marina Araujo Lopes

Key clients

IBP – Instituto Brasileiro de Petróleo e Gás

Indaiá Brasil Águas Minerais

CEG – Companhia Distribuidora de Gás do Rio de Janeiro

Iguatemi Empresa de Shopping Centers

Icatu Holding

FETRANSPOR – Federação das Empresas de Transporte de Passageiros do Estado do Rio de Janeiro

Michelin de Participações Indústria e Comércio

Work highlights

  • Represented Vale in a number of claims filed by members of the public in the interest of public order questioning the validity of what acts can be considered as harmful to public morality, patrimony, the environment and historical and cultural heritage.
  • Acted for Instituto Brasileiro de Petróleo e Gás (IBP) in a direct action of unconstitutionality in relation to regulatory matters.
  • Assisted Iguatemi Empresa de Shopping Centers with a claim filed by Fuscaldo Participações requiring the repurchase by the defendants of its shareholding in Shopping Center Iguatemi Rio.

Tauil & Chequer Advogados

Tauil & Chequer Advogados is well known for its strong track record in appellate litigation, as well as in high-profile disputes before regulatory agencies. The group is especially sought after to assist with commercial and corporate disputes in an array of sectors, including banking and finance, mining, construction and technology. Its association with Mayer Brown also means the group is equipped to deal with cross-border cases. The practice is jointly led by Mauro Pedroso Gonçalves, who has extensive experience in administrative proceedings, and Luis Inácio Lucena Adams, whose expertise spans litigation, arbitration and compliance matters.

Practice head(s):

Mauro Pedroso Gonçalves; Luis Inácio Lucena Adams

Key clients

Confederação Nacional das Indústrias (CNI)

Confederação Nacional das Empresas de Seguros Gerais, Previdência Privada e Vida, Saúde Suplementar e Capitalização (CNSeg)

Coca-Cola

Sindicato Nacional das Empresas de Telefonia e de Serviços  Móvel Celular e Pessoal (Sinditelebrasil)

Indra Brasil Soluções e Serviços Tecnológicos (Indra)

COFCO International

Açúcar e Álcool Oswaldo Ribeiro de Mendonça (Usina Colorado)

Eletronorte (Amazonas Geração e Transmissão de Energia)

Magazine Luiza

Cristália Produtos Químicos Farmacêuticos