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Gonçalves, Arruda, Brasil e Serra - Sociedade de Advogados  
 
Litigation
The Litigation Department has various mechanisms for resolution of conflicts of interests, by way of (i) Court Litigation, for civil, commercial, tax, family, criminal, labor and other areas of conflict, in either the ordinary, special or extraordinary instances; (ii) Administrative Litigation, whereby the various instrumentalities of the public administration enjoy legal jurisdiction to rule on proceedings between a private party and the Public Authorities, involving consumer, tax, antitrust, advertising and publicity matters, and the like; and (iii) Arbitration Proceedings.

(i) Court Litigation

· Handling of all civil and commercial matters involving civil liability for illicit actions, including dishonesty, defeasance of acts performed by the public administration, abuse of economic power, unfair competition, individual and class suits filed by consumers, and intellectual property, copyrights, trademarks, patents, business and domain names, contractual disputes, leasing, mortgages.

· In relation to taxes, we handle cases targeting cancellation of tax debts, as well as reversal of taxes overpaid or paid but not owing, filing of motions against tax foreclosures, filing of writs of security, and declaratory actions to clarify the clients' rights.

· As to family issues, participation in cases involving probate, investigation of paternity, wills, adoption, alimony, custody, divorce, and the like.

· For criminal matters, handling of cases ensuing from alleged improbity, as well as court cases involving corporate matters in the criminal sphere (white-collar crime), including crimes against property.

· In relation to labor affairs, defense of the employer in court proceedings resulting from labor claims filed by employees or employee unions.

· Participation in cases targeting ratification of foreign rulings, performance of letters rogatory, and, in extradition cases, assisting companies and foreign governments, through their diplomatic representations, as well as arranging for follow-up on the respective proceedings up to the Federal Supreme Court instance, if necessary.

The firm acts at all court instances, from the lower courts to the state and federal court of appeals, along with the federal circuit and labor courts, up to the higher labor courts, Superior Tribunal of Justice, and the Federal Supreme Court.

We not only draft and file petitions and appeals as appropriate with the court in question, but also draft and distribute briefs to the court of appeals judges and justices of the courts that will hear and rule on the appeals being filed. Oral arguments are also made when and where necessary.


(ii) Administration Litigation

· As to consumer relations, the firm represents the client in administrative proceedings arising from infraction notices issued by PROCON (the state consumer protection agency), by means of a defense and then, if need be, an appeal of the ruling handed down to the Economic Law Office of the Ministry of Justice. Participation in recalls, which might also involve the Brazilian Sanitary Vigilance Agency – ANVISA, in the case of medications.

· In regard to antitrust law, the firm represents the client either when making a claim at the Economic Law Office for violation of the Antitrust Law or by offering a suitable defense, along with follow-up on the progress of the case and filing of the proper appeals, participating in judgment of the case at the Administrative Council for Economic Protection - CADE, by means of preparation and distribution of briefs to the council members, together with oral support as to the legal entitlement of the client.

· Participation with advice and drafting of concentration acts to be submitted pursuant to law to the Administrative Council for Economic Protection - CADE, when acts resulted from transactions involving amalgamation, merger, or other economic concentration means. Follow-up on proceedings at all stages, leading to judgment of the acts, with drafting and distribution of briefs, and oral arguments, targeting the Administrative Council for Economic Protection - CADE approval of the acts.

· Handling of administrative procedures resulting from infraction notices or notification of posting of federal, state or municipal contributions and taxes by submission of the appropriate defense or refutation, as well as the filing of appeals of first-instance decisions with the proper second-instance bodies. The clients' interests pursuant to the law will be addressed by drafting and distribution of a brief and oral arguments.

· Submission of clarifications, defenses, appeals and so on, in administrative proceedings resulting from issues related to product advertising, either at the Brazilian Self-Regulating Advertising Council - CONAR; the Brazilian Sanitary Vigilance Agency - ANVISA; or even the Consumer Protection and Defense Department – DPDC of the Ministry of Justice.

(III) Arbitration Proceedings

· Advice re the parties' decision to proceed with arbitration proceedings to resolve a possible dispute, as a result of a contract they signed, as well as handling of all stages of this entire arbitration proceeding.

 
       
Brasília : 55 61 3322 8819 São Paulo : 55 11 3085 8988
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