ALERTA DE GOLPE!

LABOR LAW DEPARTMENT

Working in the science of law that regulates relations between employees and employers, our firm has lawyers qualified to operate in the litigation environment, in all instances of the Labor Court, in accordance with the most recent changes in labor legislation, drafting briefs and holding oral arguments, also acting before the Labor Prosecutor’s Office and other related bodies, such as CEREST, INSS and the Ministry of Labor, Also acting strongly in the advisory and preventive field, drafting legal opinions; providing guidance on the employment relationship; applying training; preparing calculations; reviewing and improving employment contracts; monitoring union collective negotiations, union assemblies; preparing normative clauses and drafts of Collective Bargaining Agreements and PLR negotiations, among other instruments of this nature; developing innovative and safe theses to optimize our clients’ resources, preserving legal certainty, with emphasis on our work in the road transport and service segment.

CIVIL LAW DEPARTMENT

Civil law qualifies as the most wide-ranging legal subject, as this legal core covers numerous issues, such as consumer relations, contracts, rights in rem, rights of obligation and business law. It is therefore essential that any commercial company, whether it is part of a large corporation or a micro-enterprise, cannot do without legal advice that acts in a preventive and contentious manner, guiding its actions in compliance with the limits imposed by the legal system. In addition, our firm has strong expertise in promoting and defending its clients’ financial resources, promoting credit recovery actions such as collection, enforcement, judicial recovery and other related demands.

TAX LAW DEPARTMENT

We guarantee the effectiveness of each client’s business by monitoring the updates that affect the activities carried out in each business sector, including assisting with the various ancillary obligations imposed by the federal entities, guaranteeing the rights to avoid illegitimate taxes, seeking recovery of amounts paid unduly and the enjoyment of legal advantages. We work with an emphasis on implementing tax compliance, with a view to reducing tax impacts with solutions tailored to each business sector. We prepare technical opinions, developing and adapting consistent and relevant tax legal theses to the reality of each business. We advise on the defense of tax assessments, tax foreclosures and other acts of the tax administration that are harmful to the constitutional or legally guaranteed rights of taxpayers. We draw up strategic tax plans aimed at reducing the tax burden on companies, assist with tax audits and carry out the necessary intermediation between the tax authorities and taxpayers, renewing and issuing Negative Debt Certificates (CND) or Positive Debt Certificates with Negative Effect in administrative bodies and/or through our own legal actions.

CORPORATE CRIMINAL LAW DEPARTMENT

In the criminal area, our firm has a distinctive practice in Corporate Criminal Law, which focuses on assisting companies and their legal representatives in matters related to criminal investigations and proceedings. In the area of criminal litigation, the firm provides services at all stages and instances, acting in police inquiries, investigative procedures by the Public Prosecutor’s Office and other bodies, and ongoing criminal proceedings at all levels of jurisdiction.

In view of the growing demand arising from major operations conducted by the Federal Police, the Civil Police and the Federal and State Public Prosecutor’s Offices, our team is specially prepared to deal with demands in the area of Economic and Business Criminal Law, such as crimes against the environment; crimes against the tax system; crimes against the social security system; crimes against the financial system; crimes against consumer relations; crimes against the economic system; crimes against the capital market; crimes against intellectual property; money laundering; crimes against the Public Administration; bankruptcy crimes; crimes against the organization of work; crimes against public health; among other types of crime provided for in the Penal Code and Extravagant Legislation and, in this sense, our firm focuses on advisory and preventive advice to companies, with a view to complying with the laws in force (Compliance Policy); providing advice on the investigation, repression and policy to combat fraud, as well as carrying out legal audits in the criminal sphere.

SOCIAL SECURITY TAX DEPARTMENT

Acting in the advisory area, advising and guiding future actions and resolving existing issues; monitoring (i) social security inspection processes by the Brazilian Federal Revenue Service; (ii) Legal Audits; (iii) Procedural Audits; (iv) Renewal and issue of Debt Clearance Certificates (CND) and FGTS Regularity Certificates (CRF). Acting in litigation with the drafting of theses and the promotion of lawsuits, in particular actions to annul social security tax debts; defenses in tax foreclosures; recovery of unduly paid social contributions; defenses in proceedings brought by the Social Security Agency or the Brazilian Federal Revenue Service; offsetting of social contributions levied on payroll; formalization of consultations with the competent bodies; analysis of Environmental Risk Prevention Programs (PPRA) and Occupational Health and Medical Control Programs (PCMSO), with a view to managing social security and tax risks and reducing contingencies with regard to the Accident Prevention Factor (FAP), Epidemiological Technical Nexus (NTEP) and Occupational Accident Insurance (SAT).

CORPORATE AFFAIRS DEPARTMENT

We offer corporate planning services, in addition to advising on the incorporation of companies and branches, associations and foundations, as well as dissolution, incorporation, spin-off, transformation and merger operations; drafting shareholders’ agreements, articles of association, minutes of meetings, articles of association and amendments thereto, as well as codes of ethics, powers of attorney, regulations and internal company rules. We provide guidance on capital contribution procedures, the distribution of profits to shareholders and the rendering of accounts. We formalize instruments for the incorporation and liquidation of corporations, limited liability companies, simple companies and SCPs; the incorporation of associations and non-governmental organizations, articles of association, shareholder/quotaholder agreements, meeting agendas and shareholders’ meetings. We work on resolving corporate disputes, whether in the administrative or litigation spheres, as well as providing legal advice on the acquisition of companies, the formation of joint ventures/partnerships, government registrations, corporate planning and reorganization.

REAL ESTATE DEPARTMENT

We offer a full range of legal services tailored to meet the needs of legal entities operating in the real estate market, among which we highlight the acquisition and leasing of real estate; real estate development; urban land parceling; condominium establishment; real estate investment funds; drafting of purchase and sale commitment contracts, real estate leasing, lending, assignment of rights, usufruct of real estate, financing, fiduciary alienation, partnership, contract work, supply of labor and materials.

CONTRACTS / COMPLIANCE DEPARTMENT

The firm has extensive experience in the area of contracts, advising companies strategically, drafting and reviewing instruments, as well as negotiating contractual clauses in order to guarantee the rights and interests of its clients. Here are some of the contracts that our firm is able to advise its clients on: franchises, licensing of brands and distribution channels, purchase and sale, rental, lending, loan, financing, leasing, fiduciary alienation, transportation and storage, supply, manufacture, distribution, commercial representation, agency, provision of services, partnerships, transfer of technology and licensing of brands and patents, assignment and licensing of copyrights, including computer programs, information technology; loan and lending. Furthermore, the firm has a strong vocation for compliance, since its professionals are specialized in the norms and rules existing in the legal system, including in terms of giving lectures and training on national legislation.

LGPD – GENERAL PERSONAL DATA PROTECTION LAW DEPARTMENT

Pardal & Novaes has specialized in this area due to its extreme relevance and complexity, as companies are obliged to adopt and/or adapt their procedures to comply with the responsibilities imposed by the General Personal Data Protection Law (LGPD). This reflects not only a careful review of contracts, but also a thorough re-examination of internal compliance policies, standards and rules, processes and information security. The national legislation on the protection of personal data came into force in the second half of 2020 and this meant that companies had to “adopt technical and administrative security measures to protect personal data from unauthorized access and accidental or unlawful destruction, loss, alteration, communication or any form of inappropriate or unlawful processing”, as stipulated in the specific legislation. Thus, with the aim of advising companies on how to comply with the LGPD, including mitigating the risks to avoid the heavy fines set by the new legislation, we are fully qualified to work in this segment, with proven experience and expertise in compliance projects already implemented and/or in the implementation phase by our firm.

COOPERATIVE DEPARTMENT

As a result of our consolidated practice in recent years, our firm has also acquired expertise in Cooperative Law, and is fully capable of providing the most comprehensive legal advice, given the multidisciplinary nature of this type of company, which requires transit through the most diverse areas of law, such as labor, commercial, corporate and tax, as well as compliance with the legislation that regulates it, notably Law No. 5,764 of December 16, 1971.