Vice president, legal and public affairs | Nestlé
Gustavo Bastos
Vice president, legal and public affairs | Nestlé
Team size: 40
How do you approach managing legal aspects during periods of instability or crises, and how does your legal strategy align with the broader business strategy to ensure the organisation’s resilience?
In times of instability or crisis, we end up defining specific priorities, but in essence our work follows a similar line of action to times of tranquility (which are increasingly rare). We focus on risk analysis, agile contractual review and preventive action in key areas. The legal strategy is always connected to the business strategy, in order to guarantee regulatory compliance and operational continuity. In the case of a company of Nestlé’s size and relevance, we are constantly focussed on protecting our brand and reputation.
What are the major cases or transactions you have been involved in recently?
I would like to highlight two important projects in the last 12-15 months:
Closure of the purchase of the CRM Group by Nestlé Brasil (Kopenhagen and Brasil Cacau), after unconditional approval from the Administrative Council for Economic Defence (which came shortly after the agreement to close the pending acquisition of Chocolates Garoto that took place in 2002).
Signing of a consortium for self-production of wind energy with ENEL, in an unprecedented contractual structure for the use of wind farms in the north-east of Brazil.
What measures has your company taken to embed sustainability practices into its core business operations, and how does the role of the general counsel contribute to driving and ensuring sustainable practices within the company?
Sustainability has always been at the centre of our business strategy. Even before the ESG ‘wave’, in the more than 100 years of Nestlé’s presence in Brazil, we have always focussed on sustainable operations, in every aspect! The company adopts a transversal approach, integrating sustainable practices at all stages of the value chain – from the origin of ingredients to the end consumer. This includes robust initiatives to reduce carbon emissions, regenerative agriculture programmes, ongoing circular economy efforts, and continued concern for human rights.
As for the legal department’s role in this agenda, it is key to ensuring that these commitments are realised in an ethical, legal and lasting way. The legal department acts as a strategic partner for the other areas, guiding the structuring of contracts with socio-environmental clauses, assessing regulatory and reputational risks, and ensuring compliance with environmental, labour and human rights legislation. We also play an active role in corporate governance, contributing to the definition of internal policies that strengthen the culture of social and environmental responsibility.
As general counsel, I am responsible for ensuring that sustainability is not just a talking point, but a pillar integrated into the company’s strategic and operational decisions, promoting responsible, long-term growth. In my specific case, I also have the responsibility for
What emerging technologies do you see as having the most significant impact on the legal profession in the near future, and how do you stay updated on these developments?
It is undeniable that many emerging technologies are significantly transforming the work of legal departments, especially in large companies with complex operations like ours. Among the technologies with the greatest potential for impact in the short and medium term, I would highlight generative artificial intelligence, the automation of legal processes (legal ops), and advanced analytics solutions applied to risk management and compliance.
Artificial intelligence, for example, has made it possible to speed up contractual analyses, identify regulatory risk patterns and optimise decision-making based on data. Automation and machine learning tools have helped to reduce repetitive tasks, freeing up our team for more strategic activities. In addition, the use of blockchain is still showing promise (although it’s taking a little longer to catch on definitively) for contract and supply chain traceability, guaranteeing greater security and transparency.
To keep up to date with these innovations, I actively participate in legal and technological forums, maintain a network of collaboration with partner firms and universities, and encourage the continuous training of our legal team. We also actively participate in internal innovation initiatives, including our Panela program, which works in the sphere of open innovation with startups, aimed at digital transformation and the continuous improvement of our processes.
I understand that the role of legal goes beyond risk management: it is also to be a catalyst for responsible innovation, ensuring that the use of new technologies is always aligned with ethics, legislation and Nestlé’s values.
How do you prioritise diversity and inclusion within your legal department, and what initiatives have you implemented to foster a more inclusive and equitable work environment?
At Nestlé Brasil, we prioritise diversity and inclusion as an essential pillar for building a stronger, more innovative and representative legal environment for the society in which we operate. Our strategy is simple by definition, as we want to be a mirror of our society, in order to ensure that our teams have a composition equivalent to our Brazilian society. Implementing such a strategy requires energy and focus and is more complex than its definition. As general counsel, I see it as the responsibility of our legal department to ensure that this strategy is integrated into our culture and work routine.
Within the legal team, we take an active approach to promoting fairness, focusing on three main fronts: representation, an inclusive environment, and the development of diverse talents. We seek to compose teams with varied profiles in terms of gender, race, sexual orientation, experience and socio-economic background, always guided by merit, but aware of the importance of expanding opportunities. I believe that a truly inclusive legal department is more creative, empathetic, and effective in its mission to provide ethical and strategic support for the company’s business.
In your opinion, what are the main trends that are salient in your country currently)?
In my view, some of the main trends currently underway in Brazil involve economic, regulatory and social factors, with direct impacts on the business environment. One of the most relevant for our sector has been the significant rise in the price of commodities, especially cocoa and coffee – two strategic inputs for Nestlé. This volatility, driven by climatic, geopolitical and global supply factors, has required even stricter legal and contractual monitoring, especially in relation to supplier management, force majeure clauses and regulatory compliance.
In addition, the continued progress of the ESG agenda, both in the regulatory field and in the expectations of society and investors, remains relevant. Even with the moves in the US under the Trump administration in the opposite direction, the pressure for greater transparency in environmental, social and governance practices continue, with emphasis on the issues of traceability in the production chain, decarbonisation and human rights. This has required the legal department to act as a true strategic partner in the implementation of robust and sustainable policies, and in my specific case this is compounded by my responsibility for public affairs in the company. The COP 30 in Brazil in November will be a very important milestone and, as I have responsibility for our work at the event for the Brazilian affiliate, I have been deeply involved in this agenda
In the political field, the scenario continues to be marked by a certain degree of instability and polarisation, which requires increased attention to legislative changes – such as the discussions on the implementation of the tax reform, which will significantly restructure the Brazilian fiscal environment, with a long transitional period. We are also attentive to new regulations in areas such as data protection, competition and consumer relations.
Finally, the issue of US tariffs has generated a lot of analysis and attention from the company, and for the time being there have been no major impacts, but as the issue has been constantly evolving, we need to be attentive and aware of it.
At Nestlé Brazil, the legal department closely monitors all these fronts, ensuring that the company is prepared to operate safely, responsibly and competitively in this constantly changing scenario.
Vice president, legal and public affairs | Nestlé