Tauil & Chequer Advogados > São Paulo, Brazil > Firm Profile

Tauil & Chequer Advogados
AV JUSCELINO KUBITSCHEK 1455
5TH, 6TH AND 7TH FLOORS
04543-011 SÃO PAULO, SP
Brazil

Energy and natural resources > Hydrocarbons Tier 1

A premier choice for oil and gas clients engaged in sophisticated transactions and complex regulatory matters, Tauil & Chequer Advogados fields a sizeable team of specialists whose expertise spans the upstream, midstream and downstream segments. The group, which is a popular choice for E&P companies, banks, private equity clients and funds, manages a busy workload where high-value M&A, financings and project development feature alongside regulatory and litigation matters. A reference in the national market, Alexandre Chequer has advised on the largest oil and gas projects in Brazil; he splits his time between Rio de Janeiro and Houston, where he offers assistance to clients in transactions, regulatory issues and project development. Corporate and M&A specialist Bruno Belchior is often retained by leading industry players – including floating production storage and offloading (FPSO) operators, drilling companies and oilfield service providers – in deals across the hydrocarbons value chain. M&A and project development are core areas of focus for Victor Galante, while Tiago Macêdo stands out for his regulatory expertise. Recently promoted partner Luciana Sodré handles contractual and transactional matters in the oil and gas sector. Senior associate Henrique Rojas is proficient in cross-border asset acquisitions and projects, and associate Leandro Duarte Alves regularly assists hydrocarbons companies in Brazil and Africa. Juliana Pizzolato Furtado Senna joined the Rio de Janeiro office from Kincaid | Mendes Vianna Advogados in September 2023.

Practice head(s):

Alexandre Chequer

Testimonials

‘Comprehensive solutions and analysis offered with pace.’

‘Bruno Belchior and Henrique Rojas stand out.’

Key clients

CNOOC

Qatar Energy

Storengy

Yara Fertilizantes Brasil

Petro Rio

Karadeniz

Petronas

TotalEnergies

Eneva

MISC Berhad

Chevron

TAG – Transportadora Associada de Gás

Refinaria Mataripe

PECOM

Schlumberger

Ecopetrol

CEPSA

Petro Recôncavo

Forbes & Manhattan Resources

BTG Pactual

Estaleiro Jurong Aracruz

BP

Infra Gás e Energia

Enauta

McDermott

Equinor ASA – Angola

Tricon Energy

BP Gas & Power

BP Products North America

Grepar Participações

PlusPetrol

Work highlights

  • Acted for PetroRio in the acquisition of Albacora Leste Field and related infrastructure from Petrobras in the context of its divestment process.
  • Assisted PETRONAS and QatarEnergies in the unique global upstream transaction combining both the acquisition of Petrobras assets and an E&P license offered by the Brazilian government.
  • Advised CNOOC Group on the acquisition of Petrobras’s 5% stake in the production sharing contract of the Búzios field, in the amount of R$10.3bn.

Tax > Customs Tier 1

Brazil > Capital markets Tier 2

Carlos Motta leads the practice at Tauil & Chequer Advogados, which offers clients a broad range of domestic and international capabilities, powered by the firm’s association with Mayer Brown. Singled out for its ‘technical knowledge‘ and ‘familiarity with capital markets transactions‘, the team handles listings in the equity and debt capital markets in a multitude of sectors, including infrastructure, energy, financial services, and food. A recent highlight for the team included advising the Brazilian development bank BNDES as shareholder on the milestone Eletrobras IPO and privatisation. Rodolfo Constantino De Tella is a trusted adviser to companies, shareholders, financial institutions and institutional investors in equity and debt securities offerings. Banking partner Eduardo Lima, and Luis Montes, who is particularly experienced in the infrastructure sector. Bruno Cerqueira is knowledgeable of asset-backed securities within the real estate and agribusiness sectors.

Practice head(s):

Carlos Motta

Testimonials

‘The team stands out for its technical knowledge, familiarity with capital markets transactions and ability to propose solutions to specific cases.’

‘Luis Montes has exceptional technical quality, follows cases closely, proposing creative solutions without losing legal quality.’

Key clients

Ecorodovias Group

Vinci Partners

Alpargatas

Companhia Siderúrgica Nacional – CSN

Banco BTG Pactual

Banco Santander

Bradesco BBI

Banco Itaú BBA

UBS BB

UBS Brasil Corretora de Câmbio, Títulos e Valores, Mobiliários

Goldman Sachs

Bank of America

Banco Nacional de Desenvolvimento Econômico e Social – BNDES

XP Investimentos

Credit Suisse

Concessionária Ecovias dos Imigrantes

Aegea Saneamento e Participações

Banco ABC Brasil

Sanema – Saneamento de Maceió (CONASA Group)

Eletrobras

Farmácia Nissei

Alubar Metais e Cabos

BR Partners

Banco Votorantim

Energisa Transmissão de Energia

Banco Safra

Work highlights

  • Advising BNDES, as owner, on structuring the privatisation of Eletrobras.
  • Advised BTG Pactual, BB – BI and Bradesco BBI, as placement agents, in connection with Eletrobas’s R$6bn commercial notes issuance.
  • Acted as Brazilian counsel to Alpargatas, as the issuer, in the R$2.5bn follow-on share offering.

Brazil > Competition and antitrust Tier 2

Rated for its ‘deep understanding of antitrust regulations‘, Tauil & Chequer Advogados is a popular destination for clients ‘seeking top-notch legal representation in antitrust matters‘. Drawing on its association with Mayer Brown, the firm possesses a ‘wealth of knowledge and experience‘ in multijurisdictional cases. Francisco Todorov maintains a broad competition practice covering merger control, cartel investigations and abuse of dominance cases. He jointly leads the practice with Adriana Giannini, who has over twenty years’ experience in competition matters, standing out for her knowledge of the antitrust implications of public bids, and Lorena Nisiyama, who focuses on abuse of dominance matters and negotiations of leniency and settlement agreements. Associate Isabella Giorgi excels in merger control work for technology and agribusiness clients.

Practice head(s):

Francisco Ribeiro Todorov; Adriana Giannini; Lorena Nisiyama

Testimonials

‘With a very refined corporate vision; pragmatic in its recommendations, which is not common in the market.’

‘Lawyers are business partners, they understand the problem and help find solutions that suit the client. They are agile in the answers provided.’

‘Todorov is attentive, brings solutions and shares alternatives.’

‘Very competent professionals with a unique and differentiated expertis.’

Francisco Todorov is very practical, direct and transparent. He is humble and always willing to learn about the company’s business to offer the best legal opinion and share his knowledge and experience. An excellent professional.’

‘One remarkable aspect of this law firm is their deep understanding of antitrust regulations and their ability to navigate the intricate legal landscape with precision. They possess an impressive wealth of knowledge and experience in handling antitrust matters, allowing them to provide invaluable guidance and strategic counsel to their clients. Furthermore, their dedication to achieving favourable outcomes for their clients is commendable. They approach each case with meticulous attention to detail, conducting comprehensive research and analysis to build strong legal arguments. Their commitment to excellence is reflected in the exceptional quality of their work. In conclusion, this law firm’s expertise in antitrust law, coupled with their unwavering commitment to their clients’ success, make them an outstanding choice for anyone seeking top-notch legal representation in antitrust matters.’

‘The firm’s outstanding team of attorneys, particularly the partner Adriana Giannini, demonstrates exceptional professionalism, integrity, and a strong sense of ethics. They prioritise open communication with their clients, ensuring that every step of the legal process is transparent and that clients are well-informed and empowered to make informed decisions.’

Key clients

GE

Microsoft

Nestlé

Bunge Alimentos

AT&T

Yara

SABIC

Biotronik

Alelo

Tenneco

3M

Sony Music Entertainment

Mitsui

Smartfit

Pepsi

Hasbro

Work highlights

  • Advised Microsoft in the $69bn billion acquisition of Activision Blizzard.
  • Acted for Smile Saude in the R$300m takeover by Hapvida.
  • Represented Total Pass in an antitrust complaint filed against Gympass that resulted in an interim relief granted by the CADE Tribunal on appeal.

Brazil > Compliance Tier 2

Tauil & Chequer Advogadosis a top choice for any compliance and investigations matter in Brazil’.  Some of the country’s largest companies and several international household names in the technology, infrastructure and energy sectors, among others, turn to the firm for assistance in internal investigations, administrative liability proceedings and in the review and enhancement of their compliance programmes. Former Attorney-General of Brazil Luis Inácio Lucena Adams, who is based in Brasília, heads the practice alongside Michel Sancovski in São Paulo, ‘a seasoned expert who can easily handle the most complex and sophisticated cases‘, including cross-border investigations which require cooperation with Brazilian and US authorities. Key support is offered by a strong team of associates: Maria Eugenia Kanazawa has extensive experience in anti-corruption and tax-related compliance matters; Marcelo Ramos Leite is singled out for his track record in internal investigations; and Rio de Janeiro-based Luiz Santiago focuses on enforcement actions, investigations and due diligence. All practitioners sit in the São Paulo office, unless stated otherwise.

Practice head(s):

Luís Inácio Lucena Adams; Michel Sancovski

Testimonials

‘The firm has qualified professionals dedicated to solving the demands of the client.’

‘Maria Eugenia Kanazawa is an exemplary professional, qualified and fully committed to the firm/client relationship.’

‘Tauil & Chequer is a top choice for any compliance and investigations matter in Brazil. The team leader Michel Sancovski is a world-class professional with unique experience arising from the Car Wash Operation case and many other complex matters. Furthermore, this team has the strong leverage of their association with Mayer Brown, a leading global law firm, that is key in advancing cross-border matters.’

‘Michel Sancovski is a seasoned expert who can easily handle the most complex and sophisticated cases with a calm and firm approach to every challenge, finding simple but effective solutions. A top choice and a world-class expert.’

‘The firm brings a team with long experience in working on large global projects, which makes its lawyers very versatile and experienced when dealing with local issues.’

‘Michel Sancovski is a lawyer I trust. He adds a lot of value to his clients, as he is dynamic, extremely agile in solving client problems, always focused on results and responds very quickly. He delivers projects on time and is in constant communication with the client, which is fundamental.’

‘Maria Eugenia Kanazawa is an excellent associate who works with Michel Sancovski.’

Key clients

Companhia de Saneamento do Paraná – Sanepar

Nestlé Brasil

Companhia Paranaense de Energia – Copel

Banco BTG Pactual

Primav Construções e Comércio (Ecorodovias)

Vantage Drilling International

Alibem Alimentos

Work highlights

  • Assisted Nestlé in the acquisition of Puravida.

Energy and natural resources > Electricity (and renewable energy)

A top choice for guidance throughout the life cycle of a power project, Tauil & Chequer Advogados acts for a wide range of clients active in all segments of the industry, including generation, transmission and distribution companies, traders, large consumers and service providers. With solid credentials in both transactional and contentious matters, the firm has had a prominent role in the structuring of the privatisation of Eletrobras, Latin America’s biggest power utility company, through its engagement by the Brazilian Development Bank (BNDES). The group has recently expanded its presence in the M&A space, where it has increasingly advised on deals involving renewable and conventional power generation and transmission assets. Self-production projects are another area of growth for the team, which has been retained by developers and large consumers alike. Domestic and international clients turn to Rio de Janeiro-based partner Débora Yanasse for her ‘deep knowledge of the sector‘ and strong track record in projects, M&A, auctions and regulatory issues. Bruno Salzano, whose cross-border M&A expertise is noteworthy, and Bruno Werneck are key individuals in São Paulo. In the same office, associate Julia Braga handles both transactional work and administrative proceedings, while Bruno Ribeiro in Rio focuses on infrastructure and energy projects.

Practice head(s):

Débora Yanasse

Testimonials

‘The firm has partners with a lot of knowledge in their respective areas, who are already used to dealing with the needs of the sector.’

‘Débora Yanasse knows how to anticipate the client’s needs, has a deep knowledge of the sector and the business of her clients, transmitting confidence in all analyses and deliveries.’

Key clients

Eletrobras

Furnas

Eletronorte

Eletrosul

ENGIE

Karadeniz

Karpowership

Atlas Renewable Energy

Acciona Energía

Scatec

Equinor

Eneva

Energisa

Ceiba Energy

Caisse de Dépôt et placement du Québec – CDPQ

Enel X

BNDES

Ibitu Energias Renováveis

Dow Chemical

Vinci Partners

Fram Capital

BP

CER Energia

Rio Energy

GE Financial Services

Nestlé

Isa CTEEP

Starkraft Energias Renováveis

PowerTree

EDP – Energias do Brasil

EDF Norte Fluminense

Storengy

Soliker

Mercury Renew

Nebras Power

Elera Renováveis

TYR Energia

AEGEA

PEC Energia

Energia Sustentável do Brasil

Mercury Renew

Mitsui & Co

Usiminas

Work highlights

  • Advised BNDES on structuring the privatisation of Centrais Elétricas Brasileiras – Eletrobras.
  • Assisting the Turkish Karadeniz Group in its debut in the Brazilian power industry.
  • Assisted Atlas Renewable Energy in the acquisition of special purpose vehicles that own the rights to develop a solar power project called Vista Alegre in the state of Minas Gerais.

Brazil > Environment Tier 2

The ‘highly qualified and experienced‘ team at Tauil & Chequer Advogados handles critical environmental matters for clients operating in a variety of industries, most notably power, chemicals, agribusiness, oil and gas, and mining. Its impressive portfolio features transactional, contentious and regulatory mandates, touching on issues as diverse as waste management, water resources, contaminated sites and protected areas. A strong performer in climate change matters, the team is a popular destination for large corporations seeking advice on greenhouse gas (GHG) emission reduction targets and net zero strategies; carbon credit project developers also recurrently turn to the group for assistance in risk management. Practice head Luiz Gustavo Bezerra, a specialist in international and EU environmental law based in Rio de Janeiro, often acts for clients in negotiations with governmental authorities, public prosecutors and other stakeholders. In the same office, recently promoted counsel Gedham Gomes is often retained by energy, infrastructure and agribusiness players in environmental compliance, risk assessment and carbon credit projects. Associate Victor Trevizan, who is based in São Paulo, focuses on pre-litigation and preventive consulting matters.

Practice head(s):

Luiz Gustavo Bezerra

Testimonials

‘The team has a high level of legal knowledge in the environmental area, and is able to provide effective and personalised solutions to clients. There is transparency regarding information and legal processes.’

‘The team is highly qualified, experienced, thinks critically and anticipates possible challenges. They work collaboratively, ethically and are committed to excellence, providing quality work with the aim of achieving the best results for clients.’

Key clients

Bunge

Furnas

Hydro

EDF

3R Petroleum

BNDES

Carbonext

Biofílica

Ecosecurities

Acelen

Baker Hughes

Totalenergies

Equinor

Tesla

Energisa

MRN

JBS

OSX

Atlas Energy

Porto Sudeste

ATMI

Forbes & Manhattan

KPS Karpowership

Tetra Pak

Light

ENEL

Petronas

Engie

Dislub Equador

Solvay

BP Bunge

BP Castrol

Lyondell Basell

Tereos

Eneva

Jirau Energia

Santo Antônio Energia

Cargill

Yara

Work highlights

  • Advising BNDES on the structuring of a first-of-its-kind concession for the development of carbon credit projects in public lands and conservation units.
  • Defending EDF in a climate litigation lawsuit disputing the implementation of LNG-powered thermal power plants in Macaé, Rio de Janeiro.
  • Representing Hydro in sensitive negotiations and several proceedings and cases involving Quilombola communities, Public Prosecutors and government stakeholders.

Brazil > Public law Tier 2

Tauil & Chequer Advogados assists private sector clients in public procurement matters at the federal, state and local levels. In addition to its extensive experience in concessions, privatisations, PPPs and competitive bids, the team excels in litigation involving administrative improbity, public contracts and regulatory matters. Led by Bruno Werneck, the department is frequently engaged in major projects in the sanitation, mining, energy, transport and logistics segments. Senior associate Juliana Deguirmendjian is noted for her broad practice, which encompasses administrative proceedings, government contracts, PPPs and concessions, while associate Julio Barboza is recommended for project development matters.

Practice head(s):

Bruno Werneck

Key clients

Equipav Pavimentação, Engenharia e Comércio

Veolia Serviços Ambientais

Aegea Saneamento e Participações

Enel X

Bahia Mineração

Bahia Ferrovias

Vinci Airports

Patria Investimentos

Conasa Infraestrutura

Banco Nacional de Desenvolvimento Econômico e Social – BNDES

Generate Capital INC

CRCC International Investment Group

Águas do Rio

Fundação Ezute

Companhia de Saneamento Básico do Estado de São Paulo – SABESP

Louis Dreyfus Company Brasil

Monte Equity Partners

CCR

United Nations Development Programme – UNDP

Associação Brasileira de Operadores Logísticos – ABOL

Work highlights

  • Advised BNDES on the privatisation of Centrais Elétricas Brasileiras – Eletrobras, one of the largest privatisations in Brazilian history.
  • Acted for BNDES in the privatisation of Companhia Brasileira de Trens Urbanos – CBTU, the first urban mobility project ever structured by BNDES.
  • Assisted AEGEA with its successful bid to acquire Companhia Riograndense de Saneamento – CORSAN.

Brazil > Real estate Tier 2

The real estate practice at Tauil & Chequer Advogados is commended for its ‘impeccable legal technique’ and the ‘seniority, vast experience and availability’ of its lawyers. The well-regarded group is adept at handling a wide range of development projects and transactional matters, including sales and acquisitions, built-to-suit agreements and sale and leasebacks. The team’s experience covers all asset classes, from agribusiness and forestry to mixed-use developments, urban retail, industrial, and hospitality. The ‘extremely availableJosé Paulo Marzagão acts for a broad range of domestic and international companies and investment funds in the structuring and development of large-scale real estate ventures and transactions. He oversees the team that also features Ludmila Braga, a key contact for institutional investors in relation to real estate joint ventures, funds and financing, and counsel Jessica Queiroz, who marries in-depth knowledge of banking and finance law with extensive experience in the real estate sector. International investors seeking integrated support in cross-border matters also benefit from the firm’s association with Mayer Brown.

Practice head(s):

José Paulo Marzagão

Testimonials

‘Impeccable legal technique. The team understands the client’s demands, proposing solutions that meet our needs. What distinguishes them is the seniority, vast experience and availability of professionals.’

‘The firm and staff are intimately familiar with my company’s business and operations. The lawyers involved, regardless of their seniority, are extremely well-trained from a technical point of view. The relationship partner is present in all projects and demands. Different options/structures are constantly presented, always with the objective of making it possible to carry out my company’s operations in a safe way.’

‘José Paulo Marzagão and Jessica Queiroz – extremely available, participatory, and with deep technical knowledge of  my company’s business.’

Key clients

GIC

Brookfield Participações

Banco Nacional de Desenvolvimento Econômico e Social – BNDES and FURNAS

Barzel Properties

Gafisa

Paladin Realty Partners

Autonomy Investimentos

Planta Consultoria Imobiliária

Basílica Partners Private Equity

Yara International

Karpowership

Agrícola Xingu

CVC Corp

Opea Securitizadora

CPPIB

Tishman Speyer Properties

Canada Pension Plan Investment Board (CPPIB)

SPX Gestão de Recursos

VBI Real Estate Gestão de Carteiras

Work highlights

  • Advised GIC and Barzel Properties on the formation of a real estate investment fund for the acquisition of up to 17 supermarkets from Companhia Brasileira de Distribuição.
  • Assisted Karpowership in the negotiations and contracts related to the development of a floating power plant in Rio de Janeiro.
  • Advised Furnas on the sale of the group of properties located in the city of Rio de Janeiro-RJ.

Tax > Tax advisory Tier 2

The ‘outstandingly responsive’ team at Tauil & Chequer Advogados is popular with clients for its ‘excellent level of technical knowledge’ in tax, its ‘extensive experience in procedural strategy, and focus on results’. The firm handles the full range of domestic and international tax matters, with the cross-border element strengthened by its association with Mayer Brown. The team is regularly instructed by major oil and gas clients, and its litigation expertise covers the administrative and judicial courts. Non-contentious work extends to direct and indirect tax issues, as well as customs law. On the consulting side, Guido Vinci, who is often instructed by domestic and international clients from the consumer goods, energy, pharmaceutical, infrastructure, TMT and financial sectors, and Flavia Cavalcanti demonstrate ‘great technical knowledge’. Clients also rate founding partner Ivan Tauil and customs and foreign trade specialist Carolina Bottino, who have a wealth of experience acting for oil and gas clients, and the ‘responsive, timely, communicative, and extremely technically thoughtful’ disputes partner Eduardo Maccari Telles.

Practice head(s):

Ivan Tauil; Guido Vinci; Eduardo Maccari Telles

Testimonials

‘The firm has been outstandingly responsive to our needs and understands our business. They further bring the right level of technical expertise and appropriate experts to the conversation.’

‘Eduardo Telles is our contact and drives the firm’s reputation for us. He is responsive, timely, communicative, and extremely technically thoughtful.’

‘The entire Tauil team is always available to meet the various demands that our company has in different areas. A committed and competent team that understands the needs and priorities of the client, and delivers a job with high quality and details inherent to the activity.’

‘Technical and profound knowledge of the lawyers, seriousness in dealing with matters and cordiality.’

‘What makes this firm unique is the technical quality of the professionals, combined with a very pleasant experience where we were always served efficiently and feel valued by the firm. In addition, the fact that the firm is associated with Mayer Brown is a very big advantage, since we are a multinational company that benefits from the possibility of being able to engage Mayer Brown offices that have specific knowledge of the local legislation of several countries around the world .’

‘Partner Flávia Cavalacanti and partner Guido Vinci stood out a lot, always delving into the topics covered, demonstrating great technical knowledge in various areas of tax and corporate law. In addition, they were always available and provided excellent services.’

‘It is a firm with an excellent level of technical knowledge in the tax area, with extensive experience in procedural strategy and focus on results.’

‘Ivan Tauil and Carolina Bottino have excellent technical knowledge in their area of expertise combined with extensive experience in procedural strategy. They are available whenever needed.’

Key clients

Sony Mobile

Tim

Midea Group

Pirelli

Mars Group

Groupe SEB

Vibra Energia  (current corporate name of Petrobras Distribuidora )

Ricoh Brasil

Tereos Acúcar e Energia

TotalEnergies EP Brasil

Schlumberger Serviços de Petróleo Ltda and other entities of the group.

Veolia Water Technologies (Suez Water Technologies)

Petronas Petróleo Brasil

Agrícola Xingu

Aliança Agrícola do Cerrado

Abbott Laboratories

Centro de Tecnologia Canavieira

Ibitu Energia

Mercury Renew

Atlas Renewable Energy

Bic Amazonia

Vibrantz Technologies

Karpowership Brasil Energia

Atlantic Trading and Marketing

Telesat Brasil Capacidade de Satélites

OneSubsea do Brasil Serviços Submarinos

Paragon Offshore (NEDERLAND)

Mylan Brasil Distribuidora de Medicamentos

Work highlights

  • Working with Banco Genial in a competitive bidding procedure carried out by BNDES concerning the privatisation of Eletrobrás, including advice on the tax aspects of the deal structure.
  • Advised the CNOOC Group on the tax aspects of the acquisition of Petrobras’ 5% stake in the production sharing contract of the Búzios field.
  • Defended Vibra Energia in a tax foreclosure filed by the State of Amapá charging ICMS (State VAT) due to diesel sales.

Brazil > Banking and finance Tier 3

With a solid track record in cross-border financing transactions, Tauil & Chequer Advogados provides regular support to major financial institutions, Brazilian and multinational companies, and institutional investors. Showcasing extensive experience in borrower and lender-side mandates, the firm is well positioned to advise on syndicated loans, securitisations, project finance, and debt restructuring. In addition to its solid transactional capabilities, the group also assists financial institutions in the analysis, revision and restructuring of compliance policies. Clients benefit from the firm’s association with Mayer Brown and the team’s ‘excellent international relations’. Practice head Eduardo Lima handles a mix of regulatory and transactional matters, including project finance, asset-based loans and structure trade finance. Luis Montes, a ‘skilled negotiator‘, stands out for his experience in the financing of energy and infrastructure projects. Priscilla Santos is also well regarded, especially for her work for investment funds and fintech companies.

Practice head(s):

Eduardo Lima

Testimonials

‘Complete firm with excellent international relations.’

‘The firm helped us with several debt renegotiations and restructurings. Complex cases that were very well managed by the team.’

‘Eduardo Lima is knowledgeable of different structures and forms of financing, and has been working in financial and capital markets transactions for a long time. He is quick to respond.’

‘Luis Montes played a leading role in one of our recent several deals. He stands out in the infrastructure sector in Brazil. Very technical profile and skilled negotiator.’

Key clients

Banco Santander (Brasil)

Banco Bradesco and Banco Bradesco BBI

Goldman Sachs

Banco BTG Pactual

Banco Itau BBA

Banco ABC Brasil

ING Bank

Banco do Brasil

Bando Credit Agricole

Transportadora de Gas (TAG)

UBS Brasil Corretora de Câmbio, Titles and Securities

EDP São Paulo Distribuição de Energia

Companhia de Água e Esgoto do Ceará – CAGECE

Breitener Holding e Participações

Work highlights

  • Advising Transportadora Associada de Gás – TAG on all financial matters in Brazil, including the management of over $2bn in loan facilities.
  • Advising Concessionária Ecovias do Araguaia, part of the EcoRodovias Group, on a R$4.2bn long-term financing.
  • Advised Gerdau, Gerdau Açominas and Gerdau Aços Longos  in connection with a $875m global credit facility governed by New York law, and managed by Bank of New York Mellon.

City focus - Brasilia > Litigation Tier 3

Tauil & Chequer Advogados has a strong track record in public law appellate litigation, representing clients from the construction, energy, telecoms, and banking sectors before the superior courts. Regulatory disputes against state governments, administrative improbity cases, and proceedings before the TCU and the CGU are all core areas of activity for the firm. Cross-border matters are further facilitated by the firm’s association with Mayer Brown. Luis Inácio Lucena Adams boasts substantial tax law experience; he jointly oversees the practice with Mauro Pedroso Gonçalves, who is well versed in administrative proceedings at the federal level.

Practice head(s):

Luis Inácio Lucena Adams; Mauro Pedroso Gonçalves

Testimonials

‘Excellent understanding of the TCU’s reasons, the best way to deal with its idiosyncrasies, good description from the defence’s point of view.’

‘Luis Inácio Lucena Adams is recommended for his knowledge of the subject and the issues involved.’

‘Tauil & Checker Advogados is a unique firm in Brazil. In addition to having a strategic association with Mayer Brown, it manages, in Brasília, to be a true boutique, with highly qualified lawyers in the area of litigation and antitrust.’

‘Mauro Pedroso was a former advisor at the STJ and has a strong academic background. He is a brilliant lawyer! He can understand our needs and seek the best possible solutions, focusing on our business. We were very pleased to have his instructions on the group’s most strategic issues, especially those related to electricity and higher courts.’

Key clients

Confederação Nacional das Indústrias (CNI)

Confederação Nacional das Seguradoras (CNSeg)

Coca-Cola

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

Indra Brasil Soluções e Serviços Tecnológicos

COFCO International

Açúcar e Álcool Oswaldo Ribeiro de Mendonça

Eletronorte (Amazonas Geração e Transmissão de Energia)

Magazine Luiza

Cristália Produtos Químicos Farmacêuticos

Work highlights

  • Acted for CNSEG in several lawsuits seeking a declaration of unconstitutionality of state laws that violate the federal government’s competence to legislate on matters relating to health plans and insurance.
  • Represented Hub Pagamentos in a class action filed by Rafael Severino Gama before the Federal Court of Porto Alegre seeking to annul contracts executed between Caixa Econômica Federal and Hub Pagamentos for the joint exploitation of prepaid cards without a prior bidding procedure.
  • Acts as counsel to the National Federation of General Insurance (FENSEG) and Union of Private Insurance, Reinsurance and Capitalization Companies of the States of Paraná and Mato Grosso doSul (SINDSEG PR/MS) as amici curiae in an incident initiated to decide on a matter of great social repercussion in the Paraná State Court of Justice.

Brazil > Corporate and M&A: High-end Tier 3

Infrastructure and energy companies are at the core of Tauil & Chequer Advogados’ client base, which retains the ‘highly qualified team’ on a host of transactions, ranging from mergers to corporate restructurings and spin-offs. Boasting an extensive, cross-border M&A platform through its association with Mayer Brown, the firm is also well placed to act for boards of directors, private equity funds, investment banks and pension funds on all aspects of corporate law and M&A deals. The department is under the joint leadership of a capable trio: Carlos Motta, who assists publicly-held companies, financial advisors and multinationals with M&A, private equity and compliance matters; Victor Galante, in the Rio de Janeiro office, is a name to note for oil and gas, mining and infrastructure clients; and Alexandre Chequer, who is especially active in energy-related deals. The ‘excellentDaniel Gunzburger focuses on domestic and cross-border M&A involving players from the infrastructure, chemicals, and agribusiness sectors, while Bruno Salzano is noted for his knowledge of the power sector. Guilherme Tranquillini, whose ‘excellent argumentation capacity’ is rated by clients, is a seasoned public M&A practitioner. The group was boosted by the arrival of Christian Roschmann from Lefosse Advogados in April 2022; he brings a wealth of experience in cross-border M&A and private equity deals. Luciana Sodrée was raised to the partnership in Jan 2023.

Practice head(s):

Carlos Motta; Victor Galante; Alexandre Chequer

Testimonials

The firm stands out for its highly qualified team in relation to the M&A market and the particularities of each client, availability of lawyers, quality of services provided and agility in responding to client demands. The professionals we work with always bring innovative and personalised solutions to each matter.

One of the reasons why we work with Tauil & Chequer is the availability of lawyers, especially the partners. The partners get involved and act in an active way. The firm has great professionals, who are always able to assist us in the most varied matters.

Daniel Gunzburger is an excellent lawyer, who knows the market in which we operate, knows the client, and advises us with exceptional quality. On a daily basis, Daniel communicates clearly and transparently. His response time is very good, and always in line with our expectations.

An excellent technical knowledge added to a unique work posture make Tauil’s team unique in the market. They showed great skill not only on the legal fronts of due diligence processes and M&A contracts, but also a good knowledge of complementary areas, such as finance. In addition to technique, the team has great communication and rhetoric skills, essential in business processes. They are always proactive and willing to help on several fronts.

Guilherme Tranquilini closely coordinated all the due diligence work and contractual drafting carried out. He demonstrated legal knowledge above his peers on the other side of the negotiation table. He has an excellent argumentation capacity, in addition to solid financial knowledge.

The firm’s professionalism, preparation, attention, flexibility, immediate response capacity, posture, resilience, dedication, concern with details and relevant points of the project set it apart.

Victor Galante and Luciana Sodré have always worked with the utmost dedication, always having in mind the achievement of our goals.

Key clients

Banco Nacional de Desenvolvimento Econômico e Social (BNDES)

Aegea Saneamento e Participações

CCR

CNOOC Petroleum do Brasil

ArcelorMittal

Nestlé Brasil

PetroRio

CNOOC Petroleum Brasil

Pepsico do Brasil

Mitsui & Co

Work highlights

  • Engaged by BNDES in regard to structuring the privatisation of Eletrobras.
  • Advised ArcelorMittal on the acquisition of Companhia Siderúrgica do Pecém (CSP), a joint venture between Vale and South Korean steel groups Dongkuk and POSCO.
  • Currently assisting AEGEA with the privatisation process of Companhia Riograndense de Saneamento, a mixed-capital company of the State of Rio Grande do Sul responsible for providing water and sewage services for Municipalities.

Brazil > Dispute Resolution: Arbitration Tier 3

At Tauil & Chequer Advogados, the ‘attentive, experienced and qualified team‘ devoted to arbitration offers representation to individuals and companies in high-end disputes across a variety of industries, including mining, energy, construction, oil and gas, and financial services. Its broad experience also encompasses high-stakes cases involving shareholder issues and share purchase agreements. Besides acting as lead counsel in several high-value arbitration proceedings, Gustavo Fernandes de Andrade in Rio de Janeiro is also proficient in arbitration-related litigation, including the enforcement of foreign arbitral awards. With over twenty years of experience in both litigation and arbitration proceedings, São Paulo-based partner Fabio Peixinho Gomes Correa is skilled at handling cases before domestic and international arbitral bodies. In the same office, Gustavo Scheffer Da Silveira, who has previously worked for the Secretariat of the International Court of Arbitration as deputy counsel in the Latin American team, is particularly seasoned in cross-border cases. Disputes involving the construction, energy and mining sectors are notable areas of practice for associate Maria Rita Dutra.

Practice head(s):

Gustavo de Andrade Fernandes; Fabio Peixinho Gomes Correa; Gustavo Scheffer Da Silveira

Testimonials

‘Fabio Peixinho stands out.’

‘The firm has an attentive, experienced and qualified team. The team is always attentive to current issues in the legal market and clients’ issues.’

‘I’d highlight Fábio Peixinho.’

Key clients

Barra Energia Do Brasil Petróleo E Gás

General Electric Do Brasil

Canadian Solar

Nebras Power Latin America

Cobra Brasil Serviços, Comunicações E Energia

Techint Engenharia E Construção

Petronas Brasil Petróleo

Petrorio Jaguar

Arcelor Mittal Brasil

CM Capital Markets

Yara Fertilizantes

Alstom Brasil Energia E Transporte

Ternium Do Brasil

Cantor Fitzgerald

Sinopec Petroleum Do Brasil

Bw Offshore Do Brasil

Andritz Hydro

Usiminas Siderúrgicas De Minas Gerais

Cpfl Energias Renováveis

Publicis Groupe Holdings

Consortium Efacec Engenharia E Sistemas

Hitachi Rail

CELSE – Centrais Eletricas De Sergipe

Vanguard Group

Inbrael Participações

Lindel

Keppel Fels Brasil

Invepar – Investimentos E Participações Em Infraestrutura

Cameron Tecnologia De Controle E Fluxo

Karpowership Brasil Energia

Grid Solutions Transmissão De Energia

Realize Empreendimentos Imobiliários

Siemens

Opea Securitizadora

Work highlights

  • Advised the EFACEC/HITACHI Consortium in an ICC arbitration against the State of São Paulo and the São Paulo State Company of Metropolitan Railways.
  • Advised Ambiental Serra Concessionária de Saneamento on a CAM-CCBC arbitration seated in Brazil, filed against Companhia Espírito Santense de Saneamento – CESAN on the basis of a public-private partnership (PPP).
  • Assisted Petróleo Brasileiro in an ICC arbitration against the National Agency of Petroleum, Natural Gas and Biofuels (ANP) challenging the decision issued by ANP which unified the Tartaruga Verde and Tartaruga Mestiça Fields.

Brazil > Projects and infrastructure Tier 3

Showcasing experience in the structuring, financing, construction and operation of large-scale projects in Brazil, Tauil & Chequer Advogados is seen with great regularity advising on matters in the power, renewable energy, oil and gas, and transport sectors. Besides its strong credentials in local projects, the team is also often engaged in cross-border mandates, drawing on its association with international firm Mayer Brown. Clients from the energy, oil and gas, and heavy industries routinely turn to Alexandre Chequer for assistance in asset deals, project development and regulatory issues. In addition to a strong track record in M&A, concessions and privatisations, Bruno Werneck is a seasoned project finance and development practitioner. Banking and finance partner Eduardo Lima advises financial institutions, multilateral organisations, sponsors and corporate clients on the financing of energy and infrastructure projects, while Luis Montes specialises in project finance and construction law. Juliana Deguirmendjian, who has been particularly active in water and sewage concession projects, and Julio Barboza are names to note at the associate level.

Practice head(s):

Alexandre Chequer; Bruno Werneck; Eduardo Lima; Luis Montes

Key clients

Equipav Pavimentação, Engenharia e Comércio

VeoliaServiços Ambientais

Aegea Saneamento e Participações

Enel X

Bahia Mineração

Bahia Ferrovias

Vinci Airports

Patria Investimentos

Conasa Infraestrutura

Banco Nacional de Desenvolvimento Econômico e Social – BNDES

Generate Capital INC

CRCC International Investment Group Limited

Águas do Rio

Fundação Ezute

Companhia de Saneamento Básico do Estado de São Paulo – SABESP

Louis Dreyfus Company Brasil

Monte Equity Partners

CCR

United Nations Development Programme – UNDP

Associação Brasileira de Operadores Logísticos – ABOL

Concessionária Ecovias do Araguaia (EcoRodovias Group)

BB – Banco de Investimentos

Banco Safra

Banco Bradesco BBI

Banco BTG Pactual

Work highlights

  • Engaged by BNDES in the structuring of the privatisation of Eletrobras.
  • Advised BNDES on the privatisation of Companhia Brasileira de Trens Urbanos – CBTU.
  • Assists Aegea in the privatisation of Corsan.

Tax > Tax litigation Tier 3

Brazil > Labour and employment Tier 4

Tauil & Chequer Advogados possesses ‘impeccable legal technique’ and ‘a deep knowledge of labour legislation‘. The labour department offers advice on the entire spectrum of contentious and advisory matters, ranging from claims filed by the Public Labour Prosecutor’s Office, labour unions, and senior executives, to the implementation of stock option and profit-sharing plans and the review of compensation schemes. Practice head Aline Fidelis is a ‘fantastic lawyer’ whose skills in labour disputes, non-contentious work and union-related matters are rated by clients. She receives support from a team of ‘exceptional associates’, Isabela do Val and Thiago Garcia, who handle a mix of judicial lawsuits, administrative proceedings, due diligence and risk assessments.

Practice head(s):

Aline Fidelis

Testimonials

‘Tauil & Chequer Advogados has been extremely knowledgeable and on point with their advice regarding all labour and employment matters that we have requested of the firm. The team was efficient and business-minded.’

‘The team was always prompt, polite, and patient with their interactions with my company. They were always willing to go the extra mile to address any questions or areas that were difficult for our company to understand and work through. The team also effectively handled delivering hard advice and difficult news in a manner that was once again done in a delicate and professional manner that allowed the news or advice to be well received.’

‘Aline Fidelis is a fantastic lawyer and was wonderful in spearheading the superb labour and employment work that the team delivered to meet our company’s needs in Brazil. Additionally, associates Thiago Garcia and Isabela do Val were instrumental in many aspects of the great work delivered to our company.’

‘Impeccable legal technique. The team understands the company’s demands, proposing solutions that meet our needs. What distinguishes them is the seniority and vast experience and availability of professionals.’

‘Aline’s high availability is unique. The team was extremely well prepared in terms of service and technical quality.’

‘Aline Fidelis: an out-of-the-curve partner, with a lot of technical knowledge and total availability to assist us. The results achieved by her defending us in Court brought savings of millions for the company. She is also skilled in advisory matters in addition to being an excellent negotiator with unions. Thiago Garcia is an excellent associate, who assisted us very well in advisory matters.’

‘Overall, the firm has advised us very well and in a timely manner. There are many challenges in the market but they have all the answers and recommended steps.’

‘Aline Fidelis – Extremely competent, she acts both in the prevention and resolution of matters.’

Key clients

APR Energy

Austral Seguradora

Bacardi

Banco Genial

Banco Original

BASF

BP Bunge

BCP Securities

China National Offshore Oil Corporation (CNOOC)

Cidade Matarazzo (Rosewood Hotel)

Cladtek

CM Capital Markets

Cubico Investments

Enterprise Singapore

Genial Investimentos

Karpowership

Lavvi Paris Empreendimentos Imobiliários

Maersk Drilling

Pecom Servicios Energia

Petronas

Pro Solutti

Sal Empreendimentos

Skystone Group

Sucafina

Superior Energy

The Global Edge

TP ICAP

White & Case

Agrícola Xingu

Neon Pagamentos

Stam Metalúrgica

Reservoir Group

Vereda Educação

Panasonic

Usina Colorado

Albioma

Arco Educação

Boart & Wire

FS Agrosolutions

Serveng

Queiroz Galvão

Hub Pagamentos

NES Global

Metrohm

Work highlights

  • Advised Karpowership on the negotiation of a collective bargaining agreement.
  • Assisted BASF in day-to-day labour matters.
  • Advised Petronas on compliance labour matters.

Brazil > Restructuring and insolvency Tier 4

Tauil & Chequer Advogados has an experienced team that ‘excels in insolvency and debt recovery matters’. The practice is home to lawyers who have the ability to ‘navigate complex financial challenges with precision’ and handle a broad range of matters, including debt restructurings, distressed M&A, and in-court and out-of-court judicial reorganisations. The firm’s association with Mayer Brown also makes it a go-to choice for cross-border matters. Practice head Liv Machado Fallet and associate Ananda Vicentini are commended for their ‘personalised attention and proactive guidance’ and their ‘outstanding’ debt recovery negotiation skills. Banking partner Eduardo Lima, a key contact for financial institutions and corporate clients, also has a strong focus in out-of-court restructurings.

Practice head(s):

Liv Machado

Testimonials

‘Excellent partners. A large firm with the agility of a boutique.’

‘This law firm excels in insolvency and debt recovery matters. Their expertise and track record are exceptional, and they navigate complex financial challenges with precision. Clients benefit from tailored strategies and effective solutions. They prioritise open communication and keep clients always well-informed.’

‘This law firm’s expertise and dedication ensure positive outcomes. Liv Machado and the associate Ananda Vicentini’s knowledge of insolvency law is comprehensive and impressive. Clients receive from them personalised attention and proactive guidance. Efficient debt recovery strategies maximise chances of success, as we know, and they deliver it. Open and transparent communication is a cornerstone of their approach.’

‘This law firm’s expertise in insolvency and debt recovery, coupled with their client-focused approach and effective communication, make them a standout choice in the field. Professionalism and integrity are their guiding principles. Clients’ interests are protected during difficult financial situations. Their negotiation skills in debt recovery are outstanding. They strike a balance between assertiveness and professionalism.’

Key clients

ABN Amro Bank, Cooperatieve Rabobank, ING Bank, Crédit Agricole, Natixis and Société Générale

Banco Bradesco

The Bank of New York Mellon

HSBC

Ricoh Brasil

Tap Linhas Aéreas

China Construction Bank Brasil Banco Múltiplo

Deloitte Touche Tohmatsu Consultores

Air BP Brasil

US Bank Trust Company National Association

Hershey do Brasil

Hasbro Do Brasil Industria e Comercio de Brinquedos e Jogos

Veolia Water Technologies & Solutions

Work highlights

  • Representing Bradesco in the LATAM Airlines Group  Chapter 11 proceedings before the United States Bankruptcy Court Southern District of New York.
  • Representing the The Bank of New York Mellon as a bond trustee in the judicial reorganisation of the U.S.J Group.
  • Represented Ferrari Group in the acquisition of a sugar mill plant (UPI – Business Productive Unit named UPI São Luis) through a public auction within the course of Abengoa’s judicial reorganisation proceeding.

Brazil > Dispute Resolution: Litigation Tier 5

With extensive experience in state and federal proceedings, Tauil & Chequer Advogados has been engaged in a growing number of strategic disputes, most notably cases arising in the oil and gas, energy, construction and telecoms sectors. Other areas of particular focus include administrative enforcement proceedings brought by the Federal Court of Accounts and various regulatory agencies. The practice is jointly chaired by Rio de Janeiro-based partner Gustavo Fernandes de Andrade, who focuses on corporate and commercial disputes; Fabio Peixinho Gomes Correa in São Paulo, who is noted for his expertise in dispute resolution in the energy, construction, corporate, banking and real estate segments; and high court litigation veterans Mauro Pedroso Gonçalves and Luis Inácio Lucena Adams, both of whom are based in the Brasília office. João Cople is a name to note in Rio for administrative, tax and insurance litigation. Other key members include associates Maria Rita Dutra and Núbia Bufarah in São Paulo, and the Brasília-based Louise Dias; all maintain diverse practices in litigation and arbitration. Counsel Juliana Barbosa Pechincha joined from Baker Botts L.L.P. (New York office) in July 2022.

Practice head(s):

Gustavo Fernandes de Andrade; Fabio Peixinho; Mauro Pedroso Gonçalves; Luis Adams

Testimonials

‘Competent, fast, well articulated firm with the ability to propose and negotiate with both clients and externals.’

‘João Cople is perhaps the most sensible lawyer I have worked with. Down to earth, above average work capacity, dedication and attention to clients.’

Key clients

Confederação Nacional das Empresas de Seguros Gerais, Previdência Privada e Vida, Saúde Suplementar e Capitalização – CNSEG

Confederação Nacional da Indústria (CNI)

Grid Solutions Transmissão de Energia

Vantage Drilling International

Petrorio

Petronas Petróleo Brasil

Amazonas Geração e Transmissão de Energia

Stam Metalúrgica

Paragon Offshore

Standard Chartered Bank

Tim

Sinopec International Petroleum Service Corporation

Consórcio Walks (Quaatro Participações; KS Brasil Led Holdings; and WPR Participações)

Indra Brasil Soluções e Serviços Tecnológicos

Telefônica Brasil

RB Capital Companhia de Securitização

Ipiranga Produtos de Petróleo

Eneva

Cobra Brasil Serviços de Comunicações e Energia

BNY Mellon Serviços Financeiros DTVM

Celse – Centrais Elétricas de Sergipe

EDB Sistemas Elétricos

Mckesson Corporation

Hub Pagamentos

Bunge Alimentos

CM Capital Markets

3M do Brasil

Ferrari Agroindústria

Basf

Cameron

Companhia Hidrelétrica do São Francisco (Chesf)

Mizuho Bank

Work highlights

  • Assisting Paragon Offshore Nederland in a case filed against Petrobras seeking compensation for early termination of two drilling contracts.
  • Advising Consórcio Walks on the filing of several Writs of Mandamus (MS) against the decisions of the City of São Paulo.
  • Acted for Grid Solutions Transmissão de Energia in a class action filed by Associação Brasileira das Empresas de Transmissão de Energia Elétrica on behalf of 22 power transmission concessionaires before the State Court of São Paulo.

Latin America: International firms > City Focus - Houston

Mayer Brown has an outstanding reputation for project development and M&A in the energy (including oil and gas), mining and infrastructure sectors. The Houston office features senior practitioners, Argentine-born Pablo Ferrante and Jose Valera , who is from Peru. The firm represents a wealth of Latin American businesses in the energy sector and has seen further growth in green energy and mining engagements; it advised LSC Lithium on the sale of all of the outstanding shares of Lithea Inc, the owner of the Pozuelos-Pastos Grandes lithium mining properties located in Salta, Argentina, to GFL International. The group frequently works alongside other offices including its partner firm in Brazil, Tauil & Chequer Advogados, which provides a steady flow of inbound and outbound Brazil transactions; Alexandre Chequer is global head of oil and gas, and splits his time between Houston and Rio de Janeiro. The Houston team also works closely with the firm’s Mexico City office, and has an outstanding record in energy deals in Mexico, Colombia, Chile and Peru. Notably, it is also increasingly active in Guyana’s developing oil and gas sector.

Practice head(s):

Fablo Ferrante; Jose Valera

Latin America: International firms > Corporate and M&A

Mayer Brown is a leading name in energy (including oil and gas), mining and infrastructure M&A. Much of the firm’s Latin America M&A capabilities sit in Houston where Argentina native Pablo Ferrante and Peruvian Jose Valera have decades of experience in big-ticket transactions. They work closely with the firm’s growing Mexico City office and Brazilian partner firm Tauil & Chequer Advogados; global head of oil and gas, Alexandre Chequer splits his time between the Houston and Rio de Janeiro offices and has an outstanding record in inbound and outbound Brazilian M&A. Carlos Motta  is another key figure in Sao Paulo; he was part of the team that advised Brazil-based footwear company, Alpargatas, on its $475m Series B investment in online eco-friendly footwear retailer, Rothy’s. Along with the firm’s prestigious background in conventional energy, the Latin America M&A team is increasingly active in green energy and mining deals; it advised LSC Lithium on the sale of all of the outstanding shares of Lithea Inc, the owner of the Pozuelos-Pastos Grandes lithium mining properties located in Salta, Argentina, to GFL International. Energy and mining deals in Mexico, Colombia, Chile and Peru are also a forte for the team, which is additionally building its presence in Guyana’s developing oil and gas sector. Mexico oil and gas M&A specialist Gabriel Salinas rejoined the Houston office as a partner from Shearman & Sterling LLP  in April 2023.

Practice head(s):

Pablo Ferrante; Jose Valera

Key clients

LSC Lithium

Alpargatas

Nestlé

Ceiba Energy

Waterwheel Capital Management

Locaweb

Casa Lumbre

TS Infraestrutura e Engenharia

STOA Infra & Energy

Decolar.Com

Work highlights

  • Advised Alpargatas, the Brazil-based footwear company, on its $475m Series B investment in online retailer of eco-friendly footwear, Rothy’s.
  • Advised LSC Lithium on the sale of all the outstanding shares of Lithea Inc, the owner of the Pozuelos-Pastos Grandes lithium mining properties located in the Province of Salta, Argentina, to GFL International.
  • Represented Nestlé in its purchase of Brazilian foodtech company Puravida from São Paulo-based private equity group Aqua Capital.
Photo Name Position Profile
Leandro Duarte Alves photo Leandro Duarte Alves Leandro Duarte Alves is an associate of Tauil & Chequer Advogados in…
Ludmila Arruda Braga photo Ludmila Arruda Braga Ludmila Braga is a partner in the Real Estate Transactions and Investments…
Julio Barboza photo Julio Barboza Julio Barboza is an associate in the Administrative Law, Regulatory Law and…
Flávia Cavalcanti photo Flávia Cavalcanti Flávia Cavalcanti is a partner in the Tax practice of Tauil &…
Bruno Cerqueira photo Bruno Cerqueira Bruno Cerqueira is a partner in the Capital Markets & Securitization practice…
João Cople photo João Cople João Luiz Cople is an associate in the Litigation and Arbitration practices…
Gustavo Scheffer Da Silveira photo Gustavo Scheffer Da Silveira Gustavo Scheffer da Silveira is a partner in the São Paulo office…
Olavo Bentes David photo Olavo Bentes David Olavo Bentes David is a Counsel of the Corporate and M&A practice…
Rodolfo Constantino De Tella photo Rodolfo Constantino De Tella Rodolfo Tella is a partner in the Capital Markets and Securities practice…
Juliana Deguirmendjian photo Juliana Deguirmendjian Juliana Deguirmendjian is an associate of Tauil & Chewquer Advogados in association…
Valentina Eluf photo Valentina Eluf Valentina Eluf is an associate of the Labor and Employment practice of…
Liv Machado Fallet photo Liv Machado Fallet Liv Machado is a partner in the Restructuring and Bankruptcy practice of…
Aline Fidelis photo Aline Fidelis Aline Fidelis is the partner in charge of the Employment & Benefits…
Adriana Giannini photo Adriana Giannini Adriana Giannini is a partner in the Antitrust practice of Tauil &…
Isabella Giorgi photo Isabella Giorgi Isabela Giorgi is an associate in the Antitrust practice of Tauil &…
Gedham Gomes photo Gedham Gomes Gedham Gomes is counsel in the Environmental practice of Tauil & Chequer…
Luiz Gustavo Bezerra photo Luiz Gustavo Bezerra Luiz Gustavo Bezerra is a partner in the practice of Environmental and…
Maria Eugenia Kanazawa photo Maria Eugenia Kanazawa Maria Eugenia Kanazawa is an associate in the Anti-Corruption & Compliance practice…
Eduardo Lima photo Eduardo Lima Eduardo Alves Lima is a partner and member of the Banking &…
Luis Inácio Lucena Adams photo Luis Inácio Lucena Adams Luis Adams is a partner of the Litigation and Compliance practices of…
Ana Luiza Martins photo Ana Luiza Martins Ana Luiza Martins is a partner in the Tax practice of Tauil…
José Paulo Marzagão photo José Paulo Marzagão José Paulo Marzagão is a partner in the Real Estate practice of…
Luis Montes photo Luis Montes Luis Montes is a partner in the Banking & Finance practice of…
Carlos Motta photo Carlos Motta Carlos Motta is the head of Capital Markets & Securitization practices in…
Lorena Nisiyama photo Lorena Nisiyama Lorena Nisiyama is a partner in the Antitrust practice of Tauil &…
Mauro Pedroso Gonçalves photo Mauro Pedroso Gonçalves Mauro Pedroso Goncalves is a partner of Tauil & Chequer Advogados in…
Fabio Peixinho photo Fabio Peixinho Fabio Peixinho is a partner in the Litigation/Arbitration practice of Tauil &…
Jessica Queiroz photo Jessica Queiroz Jessica Queiroz is a counsel in the Real Estate practice of Tauil…
Bruno Salzano photo Bruno Salzano Bruno is a partner in the Corporate and M&A practice of Tauil…
Michel Sancovski photo Michel Sancovski Michel Sancovski is a co-head of Mayer Brown’s Global Investigations & White…
Luiz Santiago photo Luiz Santiago Luiz Santiago is an associate in the Anti-Corruption & Compliance practice of…
Priscilla Santos photo Priscilla Santos Priscilla Santos is a partner in the Banking & Finance practice of…
Guilherme Tranquillini photo Guilherme Tranquillini Guilherme Tranquillini is a partner in the Corporate & Securities practice of…
Bruno Werneck photo Bruno Werneck Bruno Werneck is a partner in Tauil & Chequer in association with…
Débora Yanasse photo Débora Yanasse Débora H. Yanasse is a partner in the Global Energy, Corporate and…
Isabela do Val photo Isabela do Val Isabela do Val is an associate in the Employment & Benefits practice…

Brazilian DEI Landscape: Changes to the Brazilian Labor Regulation on Diversity and Inclusion Matters

Overview of the Brazilian Labor Law provisions on DEI matters

Throughout recent years, discussions regarding the promotion of diversity, equity and inclusion (“DEI”) in workplace have increased as a result of both changing social and corporate norms. Similarly, new legal provisions on the topic have been developed, which need to be monitored to comply with labor laws, as well as to mitigate the eventual risks associated with labor inspections and discrimination claims filed before labor courts by employees, unions or labor authorities.

 

Equal Pay

The principle of equality is an essential principle of the Brazilian legal system. It is explicitly guaranteed in Brazilian Constitution, which states that men and women have equal rights and obligations under the law.

Specifically attributing this principle within the context of employment law, the Brazilian Constitution prohibits any kind of income disparity related to gender, age, ethnicity and marital status. Article 461 of the Brazilian Labor Code (Consolidação das Leis do Trabalho, “CLT”) guarantees that—when the employee’s job is identical, all work of equal value performed for the same employer, in the same business establishment—shall correspond to equal pay, without regard to gender, ethnicity, nationality or age.

The principle of equal pay is a legal guarantee given to workers against wage discrimination when their work is of the same value as another. Thus, unlawful or unequal pay may result in labor lawsuits filed by employees claiming salary differences and other grievances, as well as fines by labor authorities.

The Brazilian Equal Pay Act

As of July 2023, with the enactment of Brazilian Law No. 14,611, of 2023, also known as the Brazilian Equal Pay Act, new legal parameters were established for the promotion of diversity in workplace. These parameters give special consideration to gender equality, as well as strengthening possible enforcement actions against violators.

Under the provisions of the Brazilian Equal Pay Act, companies that operate in Brazil with 100 or more employees must semi-annually publish salary transparency and remuneration criteria reports.

The salary transparency and remuneration criteria reports must adhere to the following guidelines: (i) anonymized data; (ii) information must enable an objective comparison between salaries, remuneration, and the representation of women and men in executive, managerial, and leadership positions; and (iii) statistical data on other possible inequalities arising from race, ethnicity, nationality and age.

The published reports must also comply with the Brazilian General Data Protection Law provisions regarding personal data and confidentiality. The Brazilian Equal Pay Act is already in effect, even if specific reporting templates and public administration platforms are yet to be determined. In this perspective, labor authorities can request that companies provide information and clarifications on the matter.

Additionally, where pay inequality is identified, companies must devise an action plan to mitigate inequality with clear targets and deadlines, and involve representatives of employees’ unions and employees’ representatives.

Consequences of Non-compliance with the New Equal Pay Act 

Non-compliance and failure to publish salary transparency and remuneration criteria reports may lead to fines of up to 3% of employer’s payroll, limited to the amount of 100 minimum wages. The penalties stipulated by the Brazilian Equal Pay Act do not preclude other potential sanctions in wage discriminations cases, including compensation for wage disparities resulting from recognizing wage equalization or providing restitution for moral damages.

Furthermore, if authorities deem the , companies may incur fines of up to ten times the amount of the new salary owed to the discriminated employee, and such penalties would double in case of recurrence.

Government bodies such as the Ministry of Labor and Employment, the Public Labor Prosecution Office, and the Labor Court will conduct inspections and impose penalties. The Brazilian federal government will establish a specific enforcement protocol against wage discrimination and gender-based remuneration criteria.

 

Legal Quota for Disabled Employees

Article 93 of Law No. 8.213, of 1991, stipulates that companies with more than 100 employees must have between 2% and 5% of their workforce made up of disabled employees, at the following rates:

I – up to 200 employees: 2%;

II – between 201 and 500 employees: 3%;

III –  between 501 and 1,000 employees: 4%; and

IV – more than 1,001 employees: 5%.

In cases of non-compliance, the company may be subject to fines based on criteria such as the size of the company and repeat offenses.

It is important that companies make a clear and unequivocal effort to hire employees with disabilities. If they are unable to do so due to external factors, all these efforts need to be kept on record to mitigate risks arising from inspections by the Ministry of Labor and Employment or the Public Labor Prosecution Office.

Additionally, the dismissal of an employee with a disability without just cause will only be possible upon the hiring of another employee in the same condition, in order to guarantee compliance with the legal quota.

Finally, it is notable that disabled employees are entitled to an accessible and inclusive environment, with equal opportunities with other employees, which shall be guaranteed by the employer. Restrictions on the work of employees with disabilities, and any discrimination on the grounds of their condition, are prohibited, including during recruitment, selection, hiring, admission, admission and periodic exams, permanence in employment, professional advancement and professional rehabilitation, as well as the requirement of full aptitude.

 

Race and Ethnicity Records

As of April 2023, Law 14,553/2023 took effect, amending the Brazilian Statute of Racial Equality (Law 12,288/2010) to require employers to include a field for employees to indicate their self-identified racial or ethnic information, based on previously established groups, in administrative documents and records.

This measure affects, but is not limited to, the following documents: (i) employee admission and dismissal forms; (ii) work accident forms; (iii) registration forms of the National Employment System (Sistema Nacional de Emprego, “SINE”); (iv) the employer’s Annual Social Information Report (Relação Anual de Informações Sociais, “RAIS”); (v) documents related to the employees’ registration in the Brazilian Social Security System (Regime Geral de Previdência Social); and (vi) the survey questionnaires from the Brazilian Institute of Geography and Statistics (Fundação Instituto Brasileiro de Geografia e Estatística, “IBGE”).

The new legislation established that the categories should be based on the employees’ self-classification within previously established groups. Employers are encouraged to utilize the five categories used by IBGE for the purposes of classifying the Brazilian population in terms of race or color in their documents and records: (i) Afro-Brazilian; (ii) Multiracial; (iii) White; (iv) Indigenous; and (v) East Asian.

It is important to note that the new rule applies to both the public and private sectors, and that the survey of the percentage of occupation by ethnic and racial segments in the public sector will serve to supplement the Brazilian National Policy for the Promotion of Racial Equality (Política Nacional de Promoção da Igualdade Racial, “PNPIR”), based on IBGE surveys which shall be conducted every five years.

 

Affirmative Action in the Private Sector: Opportunities and Legal Parameters

Affirmative actions, in the context of labor and employment relations in Brazil, are those based on internal and non-mandatory policies that can be adopted by employers in order to contribute to the promotion of equitable conditions for equal opportunities, inclusion and diversification of people or groups subject to discrimination, such as the afro-Brazilian community, women and LGBTQIA+ population. These policies are not considered discriminatory, and are in line with the employer’s social responsibility.

It should be noted that there is no legal obstacle for the adoption of affirmative actions aimed at minority groups, and that internal policies of this nature are in compliance with Brazilian constitutional and labor provisions as well, with the promotion of decent work, which is understood as work free from discrimination and capable of providing a dignified life.

Affirmative action aimed at minority groups in the private sector can be adopted through selective processes aimed at minority groups, as well as setting internal goals for the number of employees that are part of minority groups hired or in leadership positions.

 

Collection and management of DEI data by employers

DEI data is classified as sensitive data in Brazil, as the Brazilian General Data Protection Law (“LGPD”) classifies personal sensitive as personal data on racial or ethnic origin, religious conviction, data concerning health or sex life, genetic or biometric data, when linked to an individual. Thus, the collection and management of this kind of data must comply with the applicable provisions of the LGPD.

In the light of the above, even though the legislation allows data to be collected on a voluntary and anonymous basis during the course of employment and hiring processes, individual consent for DEI data collection must come from a specific, formal, individual agreement, which must contain certain highlighted information with respect to the specific purpose of the data collection and management.

Considering the scope of this data, it is highly recommended that it be collected only for reasonable and justified DEI purposes, in connection to the adoption of initiatives aimed at the promotion of equity and inclusion in workplace. Specific internal DEI policies to regulate the initiatives are also recommended to mitigate risks related to any potential claims that DEI initiatives are discriminatory.

 

DEI Enforcement and Labor Authorities’ Inspections

DEI matters in Brazil involve optional policies based on employer’s social responsibility and mandatory requirements foreseen in labor legislation to be observed by employers, related to equality and non-discrimination in workplace.

It is important to note that discriminatory conduct is prohibited by Brazilian law, especially in the context of employment relationships, as the Brazilian Federal Constitution provides for equality in access to job positions to all individuals without distinction, and they have the right to freely exercise any job or profession provided that professional qualifications are met.

In this context, it is important to note that Law No. 9,029, of 1995, forbids the adoption of any discriminatory and restrictive practice for the purpose of access to, or maintenance of, employment relationships.

Law 9,029, of 1995, also provides that the termination of an employment relationship due to a discriminatory act allows the employee to be compensated for moral damage and, additionally, to choose between reinstatement, with full compensation for the entire period of leave, or double pay for the period of leave.

Moreover, offensive acts practiced against individuals of racial minorities and/or that are of the LGBTQIA + community, in the light of the decision rendered by the Brazilian Supreme Court, may be deemed as racism, as provided by Law No. 7,716, of 1989, which include: (i) denial of employment; (ii) restricted access to the workplace; (iii) failure to provide the necessary equipment to carry out the work on equal terms with other workers; (iv) prevent the employee from advancing or not being granted any other form of professional benefit; and (v) different treatment in the workplace, especially in terms of salary.

Finally, compliance with labor legislation with respect to matters involving equality in workplace is subject to inspection by labor authorities, such as the Ministry of Labor and Employment and the Public Labor Prosecution Office, which may apply fines and/or require the adoption of measures under terms of adjustment of conduct.

Additionally, non-compliance with legislation requirements and violence towards minority groups may lead to individual labor lawsuits filed before labor courts, with claims of indemnification for moral and other damages.

 

Final considerations

The regulation of DEI matters in workplace has increased, bringing with it new requirements set forth by legislation that complicate DEI matters. In this context, the development of DEI initiatives by employers has become not only a matter of acquiring and retaining talent and the construction of a diversified workplace without discrimination, but also a matter of legal compliance.

 

Authors: 

Aline Fidelis

afidelis@mayerbrown.com

 

Thiago Garcia

tgarcia@mayerbrown.com

 

Isabela do Val

Idoval@mayerbrown.com

 

Isabella Fraia

ifraia@mayerbrown.com

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