We also dedicate ourselves to issues regarding contracts inserted in the consultative context, in the light of the areas of expertise highlighted above. Our firm's contractual practice aims to serve clients aiming to mitigate risks and optimizing the advantage positions essential for each specific case without losing sight of the projection of possible and potential conflict scenarios as a measure strategic planning.
Thinking about a contract from the litigation perspective is an exercise that we have been engaged in since our foundation, which has always seemed fundamental to us in light of our experience with litigation. Such a perspective is capable of composing interests and, at the same time, preventing disputes - or, at least, preparing them in an optimized and promising way.
Indeed, such consulting practices are not made without losing sight of the fact that we practice business law, predisposed to create all the necessary conditions so that the transactions desired by our clients are, in fact, carried out. We only lend our experience in preventing and resolving disputes so that specific clauses and provisions are negotiated proactively, safely and predictably, as we believe that this adds value over time and reduces costs and corporate conflicts. We also take into account not only the legal provisions, but also the jurisprudential guidelines and the local judicial understandings, possibly from the very courts and chambers themselves that would act for the solution of a potential dispute, to suggest modern, effective contractual wording capable of guaranteeing legal certainty. It is our experience, combined with reasoning, flexibility and technical security of our professionals that supports this proposal for consulting practices.
Our purpose in any contractual matter is broad but invariably determined: we want to avoid risks and gain in optimization and operation at the same time that we aim to be ready, from a strategic point of view, for any future lawsuit that, perhaps, arises from the pre-litigation phase or any other reason. This is our essence, which is put into practice in the most diverse types of commercial contracts from the most varied economic sectors.
Our professionals have extensive experience to guide and advise clients who seek to protect their intellectual property by registering them with the relevant administrative bodies. After all, adequate protection gains increasing relevance in digital times. We also have a notorious qualification for judicial protection in the case of trademarks, patents, copyright or software infringement, with a quick response to any act of unfair competition or piracy.
With a performance focused on the relationship between companies and their customers, we act in a preventive manner, restructuring conducts and contracts in accordance with the best contemporary practices aiming to avoid future litigation, as well as assisting in highly complex lawsuits, assisting in the search of solutions for particularly sensitive issues for companies. We also act in warnings, notices and fines of consumer protection agencies (PROCON) and in judicial discussions on the matter.
Civil law permeates much of the relations in our society, such as contractual issues, rights over goods, civil liability, credit-related situations, among others. Our office has ample and outstanding performance in the civil area, possessing a multifaceted team able to meet diverse demands with innovative and disruptive solutions to better serve our clients, which is highlighted by the dedication to few cases at a time as an option.
Our office‘s vast experience in legal claims of various civil natures allows it to professionally guide our clients before litigation is initiated, including drawing up contracts already aimed at better protecting them in the event of a future dispute, such as service contracts, transactions involving goods and credits, memoranda of understanding, offers, acquisitions of real estate and other complex pre-contracts and instruments involving multifaceted obligations.
We advise our clients in pre-litigation and litigation phases for the formulation and conclusion on corporate contracts of the most varied categories and in related litigious issues.
Nevertheless, we have remarkable performance in situations of conflicting corporate dissolutions (total or partial) when operated in court, an area in which our Partner Ricardo Collucci obtained, in 2019, the title of Doctor of Law by the Pontifical Catholic University of São Paulo – PUC/SP with the highest grade in banking composed by renowned jurists, being also the author of academic works and texts are recognized by the legal community and mentioned by the Courts.
This area of our Office has gained national prominence for its excellence in the establishment of private aerodromes, airport establishment, infrastructure and licensing issues, negotiation of aeronautical contracts (sales and purchases, leasing and other aircraft-related contracts), “air cab”, regular airlines, auxiliary and maintenance services, and representation before the sector's governing bodies (ANAC, SAC, Infraero etc.), aeronautical accidents and incidents, consumer regulation issues, environmental lawsuits and extensive representation and advice to manufacturers and traders of airplanes and helicopters, among others. Partner Ricardo Collucci was, for years, Professor of Civil Aviation Law in the Lato Sensu Postgraduate Courses in Aeronautical Law, Airport Planning and Management and MBA in Civil Aviation Management at Anhembi-Morumbi University (Laureate International Universities), and our objective is to dialogue with the entrepreneur from the deep know-how of his business to guide him in the complex Brazilian legal system that regulates the sector. After all, in a country with dense regulations like Brazil, the aviation entrepreneur suffers from the strong legal uncertainty currently in evidence. It is no news for anyone in the industry that the different levels of competence contradict each other at times, creating costly and unstable circumstances that put the very development of the business in check. The Union, States and Municipalities enact their own laws and normative acts that do not dialogue with others of different scopes, and thus enable many conflicting rules. Our role is to give the client a safe haven in this scenario and defend them in administrative and judicial instances when necessary.
In the field of public law, we work on the respective issues at the municipal, state and federal levels, in the administrative sphere (that is, internal procedures, administrative contracts for concessions, authorizations, permissions or delegations and acting before bodies such as COAF, BACEN , ANVISA, VISAS, CADE, ANAC, among others) and also in the judicial sphere, in matters of their respective scopes, for example, in injunctions, common procedure, suspension of injunctions, popular or civil public lawsuits (class actions) and lawsuits regarding administrative improbity - an area in which, under the civil procedural approach, Partner Ricardo Collucci obtained, in 2011, the title of Master in Law from the Pontifical Catholic University of São Paulo - PUC / SP with the highest score, before a crew of renowned jurists.
We have adopted a specialized consulting practice to assist clients in sales and acquisition of urban properties, with special care in identifying any and all risks related to its legal safety, presenting appropriate and effective solutions. We also have expertise in leasing, structuring real estate guarantees and other related aspects. We use our long experience in the litigation area so that the consulting scope is focused on the projection of possible future conflicts and the mitigation of possible risks. We work in lawsuits involving real estate developments, apartment complexes, possession issues, leases, among others, always assessing the risks for both the property and the owner, given our high experience in strategic litigation.