contato@jhsouza.adv.br  (11) 3285-3390

Areas Company

Our firm practices in several legal areas related to business law, acting both preventively, avoiding initiation of new litigation, taking appropriate legal measures to resolve disputes.

The performance in the assisting companies in their business turns out to dismember the Business Law in several other areas of law, but are related to business activity.

Preventive Law

Preventive law should be seen as an investment of the company in order to avoid becoming involved in litigation, providing greater security in legal relations, with the elimination of unnecessary costs, arising from many long legal disputes.

Among the main activities related to preventive law include the following:

Answers to queries and questions documented preserving the confidence of our customers;

Custom Development of opinions, considering all circumstances pertaining to the legal conclusion of the business, in order to eliminate risk and provide greater certainty in the relations of our customers with third parties;

Guidance on standards for the company, including procedures to be implemented to minimize the risks of future legal discussions;

Guidance in the conduct of conflict in the administration of all interests concerning the establishment, maintenance and protection of heritage, proper guidance in disputes, division of property development, and valuations for shares;

Assistance in preparing for succession planning in the preservation of family heritage, establishing the appropriate legal structure to preserve the family, and the perpetual growth of the company and the business involved.

Commercial Law

The area related to commercial law is facing the following services:

Recovery of loans: execution of judicial and administrative measures aimed at recovering debts, such as bringing an enforcement action, collection action, action monitoring, search and seizure, storage, repossession, application for bankruptcy, credit authorization and appeal claims declared;

Acts of civil liability, seeking compensation for material and moral damages resulting from illegal conduct committed by third parties against the company;

Follow-up proceedings, educational credit, reorganization and bankruptcy;

Renegotiation with debtors or creditors;

Preparation and analysis of trade agreements.

Tax Law

Certainly the companies that operate in the current scenario require a more comprehensive view of their relation to tax regulation, making their business activity more efficient, adjusting their costs to tax legislation, ensuring greater competitiveness on the market today.

Our main activities related to tax law are:

Preparation of written responses of the companys tax position;

Personal opinions;

Business tax planning;

Counseling prior to commercial and corporate transactions that generate tax consequences; Preparation of defense and appeals against tax claims, tax assessment notices and the imposition of fines;

Monitoring in administrative refunds, compensation or reimbursement, with administrative authorities, whether federal, state, or municipal;

Opposition objections to execution or filing of tax shares and tax debt annulment for the purpose of exemption from payment or reducing the amount required by discussion of the illegality / unconstitutionality of the tax demand, and following their procedures until the higher courts;

Bringing suits in order to obtain unenforceability or decrease in taxes, fees, levies or compulsory loans (Federal, State and Local).

Labor Law

Our firm has distinguished service in the area of labor law, characterized by high degree of resolution of lawsuits as well as significant reduction in the number of grievances proposals to the detriment of the company through preventive action. It is evident that over the years, Labor Law has evolved considerably, exceeding the CLT(Brazilian Labor Code), with highlights to the Collective, the Federal Constitution and especially international conventions such as ILO (International Labor Organization), requiring in-depth knowledge.

In this sense, the labor law can be divided strategically into prevention and litigation:

1. Prevention:

Guidance on labor laws applicable to the company, including continuous monitoring of changes in regulations and procedures for auditing labor. Namely the regular and systematic analysis of the routine labor of the company and functional records of employees;

Consultation services on labor questions related to business activity;

Development of personalized legal advice on legal and labor issues of greater complexity;

Advice for the development and implementation of profit sharing (participation in profit sharing) and required approval of labor unions;

Advice for union negotiations and collective bargaining;

Guidance in the implementation of projects of interest to human resources and labor relations.

2. Litigation:

Defend the company in labor claims, presenting its defense, appeals, events and reasonable procedural issues, as well as negotiations aimed at resolving the conflict in place, with the lowest cost;

Defense administrative and judicial representation, due to fiscal action of the Ministry of Labor or labor unions.

Contracts

The business climate demands guidance on procurement, giving greater certainty to businesses engaged in by our clients, highlighting the following activities.

Guidance in drafting or reviewing contracts such as agency agreements, distribution, services, consultancy, sale, supply, export, import, engineering, administration, contracts, commercial representation, provision of guarantees, surety, pledge and mortgage, and several other related business activities;

Advice and legal assistance in reorganizations, and corporate restructuring plans, including drafting, reviewing and negotiating contracts for the acquisition of equity interest, trading, advisory and establishment of joint venture, advice and drafting shareholder agreements, contracts and issuance of shares or quotas; advice on company formation, mergers, acquisition, holding, associations, foundations, cooperatives and consortia, development and review of contractual and statutory amendments, meeting minutes or meeting of partners and commitment to all purposes.

Consumer Law

The activity of providing goods and services for consumption has never been susceptible to corporate accountability as in the current climate.

In this sense, companies must increasingly take measures and procedures for compliance with legal guidelines, including with respect to the Brazilian Code of Consumer Protection, avoiding vices, defects, and fraud perpetrated against companies for profit.

In this respect, the law presents relevant preventive action under the law of the consumer, enabling our customers to take preventive and corrective actions to preserve the company's image and good relationships with their customers, as well as representation before the courts of consumer protection and court when necessary.

Real Estate

The dynamism of the real estate market requires special attention to the needs of our customers when conducting real estate transactions.

In this area we offer the following services:

Analysis of financial transactions related to property;

Advice on buying and selling real estate, leasing, partnerships, exchange, real estate development and leasing of real estate in general, through verification and reporting of contractual arrangements, as well as analysis of relevant documentation;

Criminal Law in Business

Orientation and defense of clients in police investigations and / or criminal cases related to business activity and stemming from charges of tax evasion, money laundering, labor accidents, environmental crimes, crimes against the economy, consumer relations issues, libel cases, breach of copyright and trademarks and patents and the crimes of unfair competition.

Business Sports Law

Many people desire to enter and invest in the world of football (soccer) and earn profits with high existing values, which tend to increase with the organization of the World Cup - FIFA - in 2014 and 2016 Olympic Games in Rio de Janeiro, activities that generate an impressive amount of business, which demand legal certainty, as many who invest in this risky activity lose money.

Within the vast range of sports business, we highlight the following services.

Drafting, review and monitoring of sponsoring contracts, partnerships, participation in the economic / federatives rights, agency of athletes and construction of sports arenas;

Legal advice for clubs, athletes and businesses to foster better planning of work contracts and sports image rights, and finding the best alternatives for sports corporate business and partnerships;

Advice in the preparation and monitoring of tax incentive projects at the municipal, state and federal levels;

Interface with public agencies, Justice, Labor, Federations and Confederations (national and international) and Sports Justice to defend the interests of the client or its athletes.

Administrative Law for Business

The relationship between Companies and local, State or Federal Government is one of the area that demands more study of laws and standards, especially given the increased scrutiny and transparency, and the actions of organs for the protection of public interest, such as the Prosecutors and Procon (Consumer Protection Agencie).

In this context, we highlight the following services:

The study of public tenders / bids, with the analysis of calls, required documentation and legality of bidding, representing the client in administrative proceedings and in court;

Defense of companies in administrative proceedings arising from tax assessment by regulatory agencies, such as Procon, Public Prosecutor, Ministry of Environment, Ministry of Labour, City Hall, etc.

International Law

Due the globalization of the world, international business relations have gained importance and economic value.

It is essential that companies are well informed at their decision-making, particularly with respect to international law, including the incidence of treaties, and tax rules, where the activity involved Import, export, and monitoring of mergers, acquisitions, partnerships, nationalization of companies and products, shipments of goods or money overseas, hiring executives from outside to activities in the country and vice versa.