Our areas of expertise

Litigation and administrative relation actions with public agencies, advisory in the preparation of bidding documents, interpretation and adaptation to the law of bidding, questioning of bidding documents, price and bidding system, challenges and other services necessary for qualification in bidding processes.

We also act in contentious proceedings that wish to cancel bidding, as well as to disqualify winners of contests that are in disagreement with edict.

We act in a defense manner throughout the field of Aviation Law related to aviation - civil, commercial and military - and and other related matters.

We act in the elaboration and negotiation of contracts involving as purchase and sale of aircraft, engines and aeronautical equipment, financing (export and import), simple and financial leasing, assignment of use, and related guarantees such as mortgage and fiduciary alienation; negotiation of term sheets and aircraft-related structures; advising investors interested in participating in air transport sectors in Brazil, from the operation of airports to the operation of scheduled and non-scheduled public air services; legal advice on airport works, applicable legislation and risks, constitution of airlines and air taxi companies to the full operational level; legal assistance in all regulatory matters involving airlines, air taxi, maintenance companies and private operators, obtaining permits and certificates of approval and of specific approvals; representation before the Ministry of Defense, the Secretariat of Civil Aviation - SAC, National Civil Aviation Agency - ANAC, Brazilian Aeronautical Registry - RAB and Brazilian Airport Infrastructure Company S.A. - INFRAERO, including process follow-up; aeronautical insurance / reinsurance and subjects related to accidents involving aircraft; operators civil liability, owners and manufacturers of aircraft and aeronautical equipment; civil litigation in matters of aeronautical law, including aircraft repossession, collection actions and homologation of foreign sentences; aircraft securitization projects.

The Moura & Martins Advogados Associados office works in the advisory and litigation areas (administrative procedures acting at the organs of control and inspection control, civil and criminal judicial processes, and civil and criminal investigations) and environmental due diligence, mostly in industrial areas.

We use a different procedure to calculate actual risks through on-the-spot analysis made by environmental professionals.

We act strongly in Terms of Conduct Adjustment, (TAC), always trying to minimize harmful effects due to non-compliance with current legislation, which is often embarrassing and of difficult understanding.

With experience in the industry, the Moura & Martins Advogados Associados office has professional experience in the audiovisual sector, working with producers, voice actors and others in the cultural and artistic world.

We act in the advisory in the area of entertainment and obtaining funds from the Sectoral Funds, adequacy, preparation, qualification, acting with ANCINE, for producers and other communication agents, artists, distributors, programmers, television channels, online platforms, video games , recording and publishing industry.

Commercial legislation has undergone strong changes in its form since 2002, and includes all the legal reality and complex private and business interests.

The Moura & Martins Advogados Associados office operates in all aspects of the commercial area, also called "business area", with strong judicial experience, extrajudicial enriched by more than 16 years of strong academic performance in the most diverse levels of graduate and master's degree.

The firm develops its work by interpreting norms and contracts, protection of commercial legal relations, constitution of legal personalities, associations and foundations, validity of legal business and compliance with contractual obligations, observing contracted limits, as well as analysis and constitution of guarantees and credit titles.

We also act in order to observe the responsibilities of professionals, suppliers and distributors, whether of the business activity as well as of de facto partnership.

Our actions aim at the preventive and contentious protection of the interests of our clients in the most diverse areas exercised in their activities.

We provide legal advice in negotiations and in the drafting of contracts for goods and services destined for consumption, aiming at their adaptation to the Consumer Defense Code.

Guidance and elaboration of opinions on specific issues related to the bodies responsible for consumer protection (PROCONs), Consumer Stations, Public Prosecutions, Special Civil Courts and Common Justice;

Acting in the litigious sphere in lawsuit filing, elaboration of defenses and appeals and monitoring of administrative and judicial processes that involve claim and request for indemnification of consumers.

Creation of consumption contracts by adhesion in order to minimize risks and comply with the legal norms established by law.

The awarding was an important institute that gained visibility, and became known by the so-called "Lava Jato/Carwash" operation.

However, due to the failure of the plea bargaining JBS and its negative legal effects, it became necessary to specialize in the treatment of the awarding agreement and the leniency matter, so that it could effectively meet the legal precepts and achieve its objective.

For these reasons, the office acts in order to obtain the proper legal situation of the agreement, assuring for the client the success of his interests, complying to the manual of good practices observed for these procedures.

We work in the management of International Trade Contracts and Operations, contract analysis through the International Commercial Terms (Incoterms), establishing responsibilities for both importers and exporters, including aspects ranging from transportation, freight movement to freight destination.

Advice on contracts with investors and investment funds domestic and foreign, in the structuring of the operations for entry and exit of the country, advising on the formalities of approval and contracting of the credit and in the phase of release of resources.

Application of Latu and Strictu Sensu Commercial Defense Measures, anti-dumping measures, countervailing measures and safeguards, aniy-injury procedures non-preferential origin certification procedures, which correspond to the Latu Sensu Commercial Defense.

Advice and Consulting on Import and Export Operations and government relations, follow-up in the various stages of the negotiations, as well as the evolution of legislation with the Government, aiming to seek intelligent improvements for our clients businesses.

We provide advice for preventive and contentious defense on infraction notices, in the administrative and judicial sphere. We act in an advisory way to seek solutions for tax savings and tax advice, within the current legislation, re-adjustment of norms and their application within the business activity.

We carry out studies of tax planning in the implementation of new business as well as in products and services.

We act in the economic law area, in a preventive and contentious manner in order to cooperate with the regulation of the country's economic agents, and often preventing abuses of economic power as well as illegal or disloyal state action upon its entities.
The office operates in the areas of trademarks and patents, unfair competition, trust, cartels, business secrets, image rights, holding companies, crimes against the economic and financial order, among others.

The office's activities in this segment include:

Advice and counseling in the development of commercial and corporate structures;

Notifications to the competition authorities and regulatory agencies (as the case may be) of mergers, acquisitions, associations, contracts or other forms of economic concentration or consolidation of their control carried out in Brazil or abroad and effects beyond national territory that produce effects here;
Assistance, in partnership with foreign offices, to Brazilian companies involved in operations carried out abroad, or that produce effects beyond the national territory;
Advice to clients as an interested party in notifications of third parties (opposition and other interventions);

Formulation of leniency proposals;

Defense in investigations of anti-competitive practices such as cartels (international and national) and abuse of dominant position (exclusionary practices, vertical restraints, predatory pricing / underselling, tied sale, exclusivity arrangements, among others);

Negotiation of alternative solutions to convictions and terms of commitment to cease investigations for anti-competitive practices;

Proposed actions and defense of the interests of clients in private and public actions with request for compensation for damages caused by anticompetitive practices;

Legal due diligence in compliance matter and development of training programs for its implementation.

Specialized advice for candidates and political parties, guiding them in advance on the conduct consistent with the legislation. We act at all times of the electoral process, instructing on the norms pertaining to the accomplishment of the conventions, and conducting contentious advocacy in all electoral matters, such as electoral propaganda, accountability and campaign financing, eligibility and ineligibility, abuse of power and other , aiming at the election and diplomacy of our clients.

Counseling in decision-making, with a view to preventing legal consequences that are detrimental to the candidate's suit, including by adopting all judicial measures pertinent to the electoral process that are necessary in the electoral justice system.

According the Law 11,101 / 2005 and its amendments, bankruptcy and judicial reorganization of companies have become much more adequate and effective, effectively enabling the debtor to try his judicial recovery, complying with the legal precepts, or may undergo the bankruptcy proceeding in a dignified manner and in accordance with the limits established by law, incurring in the acquisition of assets in accordance with the law and its legal personality, except for exceptions provided.

With this law of judicial recovery, the debtor may try to recover his business, allowing even the suspension of payments by legal determination for a term of 180 days.

In this way there are real possibilities to maintain economic activity, avoiding the so-called irregular closure that so many damages bring to the debtor.

Bankruptcy is the way in which the debtor's asset will be determined so that he will be able to pay as far as possible and according to the law, the existing debtors. Sometimes it is feasible for the debtor to request his "auto bankruptcy" to avoid further damages and losses arising from irregular closure.

Patrimonial organization and succession planning with a view to the preservation of the family patrimony; judicial separation and divorce, as well as counseling and follow-up on extrajudicial procedures; follow-up and orientation of issues related to the sharing of assets of the couple, child custody and visit, alimony; inheritance planning, formation of family holding companies, donations, legal advance of legitimate, succession, inventory, listing of assets and preparation and execution of wills.

With a strong presence in the area, the Moura & Martins Advogados Associados office operates from the choosing of the brand to the formation of the franchise business, either by the franchisor, (formatting your business) or by the franchisee in the appropriate choice.

The business franchise market is one of the fastest growing markets in the world, but in Brazil has a high incidence rate of use it as a reckless means of obtaining income without adequate preparation, incurring in great risks.

The franchise market requires great specialization in the current legislation as well as the complementary ones that make the franchise agreement a large and complex branch of economic activity.

The preparation of the Franchise Offering Circular letter deserves a lot of care, so that, with due secrecy, the business is presented to the franchisee by the franchisor, but always safeguarding the patent and the business secret.

Complete legal assistance in the realization of real estate business such as leases, purchase and sale, real estate swapping, dismemberment, constitution and cancellation of mortgages and other real guarantees. Also acting in regularization of real estate, condominiums, real estate developments, constitution of subdivisions and real estate incorporations, contracts of incorporation, disbursement between another in the preventive area.

The Moura & Martins Advogados Associados office has approximately 20 years of experience in providing consulting and legal services, acting firmly in the area of Maritime and Regulatory Law.

We value the good relationship between client and office, where individualized service, transparency, confidentiality and speed in information and work execution are priorities in our goal.

The office has a judicious technological apparatus and specialized librarian, always kept up to date to better serve our clients.

We have worked with distinguished professionals, some of whom have worked for more than 30 years in the area, having having held senior positions at Antaq, also been involved in the constitution of many industry standards, including drafting and reviewing charter, financing and sale of vessels, as well as oil and gas offshore activities.

Thus, the office has been gaining a prominent position in the area of maritime law, with a strong legal, regulatory and administrative role in the administrative proceedings before the Maritime Court, the Maritime Authority (Ports and Coast Offices, Port Captaincies, Delegations and Agencies of Ports and other organs of MB) and the National Agency of Waterway Transportation - ANTAQ, based on the following services and its performance is not restricted to other equivalent works in said bodies:

Maritime Tribunal and Organs of the Maritime Authority.

Acting in Investigations on Accidents and Facts of Navigation (IAFN) and Acts of Infringement, of the Captaincies, Delegacies and Agencies of the Port Captaincies (LESTA / RLESTA and Notice of Infringement by environmental incident, Law 9.966 / 00);

Proceedings in the Port and Coast Board of Directors - DPC;

Proceedings in the Hydrographic and Navigational Board / Hydrographic Center of the Navy - DHN / CHM;

Extensive action in Administrative processes on Accidents and Facts of Navigation in the Maritime Court, with presentation of petitions, Defenses and Appeals;

Acting in Maritime Court Registry proceedings in general:

Registration, endorsements, transfer and Cancellation of Maritime Property (PRPM), including for scrapping;

Registration, endorsements and renewal of the Shipowner;

Registration, endorsements and cancellation of onus on vessels or hulls;

Registration, endorsements renewal or cancellation of Pre-Reb and Reb, for national vessels, foreign or chartered bare hull;

Obtaining the duplicate of documents or certificates of onus and / or property;

Research for vessels / shipowners;

Acting in the processes of registry of the captaincies, police stations or agencies of the port authorities (NORMAM's 01 and 02) and the Ports and Coastal Directorate, if applicable, such as:

Provisional Property Document - DPP in the PRPM process;

TIE / TIEM;v

Registration, cancellation and transfer of ownership or administrative jurisdiction;

Record of changes in vessels or in data;

Duplicate of documents in general;

Support to Technical Assistants of the maritime area, naval and meteorological engineering to elaborate opinions;

Insurance Consulting on Hull, Cargo and P & I Club's;

Records due to the Board of Ports and Coasts.

National Waterway Transportation Agency - ANTAQ:

Monitoring of authorization grants in ANTAQ - maritime and port support navigation -, including defense in administrative processes related to the fulfillment of obligations concerning the grants, such as: updating of cadastre, sending of information, registration and upgrading of the fleet, monitoring inspections, etc .;

Updating of registration related to pre-existing grants;

Guidance and follow up of the renewal or request of new grants and authorizations that may be required;

Guidance and monitoring of vessel charters - here it should be noted that in the case of assessments relating to charters, a defense contract must be made for each case, stipulating a case-by-case success fee;

Guidance and updating of patrimonial and corporate information;

Risk analysis in the activities deriving from the grants and charters and related orientation to regulatory compliance in the normative universe of ANTAQ and maritime and port authorities.

Administrative and judicial action to recover credits, aiming to reduce the effects of default. Specialists are employed on this field, including publication of articles on new enforcement laws, and in the Current Business Law Issues book.

Strong deployment experience in implementing methods to reduce default and facilitate recovery.

The firm has a strong presence in property restructuring area, in order to minimize equity risks from active entrepreneurs, avoid family and succession litigation, and minimize taxes under current legislation.

Through careful studies of restructuring, we seek to adjust personal from the commercial equity, and minimize risks inherent in business activity.

In the Security Law we act in the defense of the interests of insurers and insured persons, whether Legal Entities or Individuals, in the face of abuses committed against the insurance law and the consumer protection code.

Area of Law related to insurance. Extremely important for asset protection and maintenance, the insurance law requires the operator to interpret insurance contracts correctly and to analyze them in accordance with current jurisprudential understandings.

We act in:

Administrative and contentious legal advice for insurers, insurers, reinsurers, private pension providers, private health and capitalization operators, insurance brokers, specialized service providers, regulators and risk analysts.

Legal advice for regulation and settlement of claims.

Administrative and contentious legal opinions.

Assistance in the securitization and arbitration negotiations.

Advice and defense before regulatory agencies (SUSEP, ANS, SNSP).

Judicial litigation.

The Moura & Martins Advogados Associados Law Firm operates in all areas of corporate law, due to its total relation with its specialization in commercial law.

We work starting from the proper and custom preparation of social constitution contracts, to its monitoring of norms and assemblies and judicial or extrajudicial dismissal, either partially or totally. We have great experience in the area, knowing the care needed at this time, since it is a delicate moment and there is always a urgent need for care in personal relationships, debts and assets, including the use of arbitration when possible.

Thus we work with limited society organizations, corporations, cooperatives, foundations, corporate governance, as well as a participant at meetings of shareholders and assemblies.

We make contracts for joint ventures , special purpose companies (SPEs) and consortia.

With a absolute interaction between the most diverse parts of the planet, and due to the economic growth and the greater insertion of Brazil in the global market, combined with the world expansion of business and the improvement of the national capital market, mergers and acquisitions have become a reality, and increasingly are more complex and sophisticated, demanding specialized and legal advice in its implementation as well as minimizing risks of the operation.

The purpose of our office is to provide customers, who may be investors, buyers or sellers, is render dedicated services regarding the following:

Planning, structuring, negotiation and implementation of purchase and sale transactions, investment, exchange or combination of equity or assets, formation of associations, joint ventures or strategic alliances, as well as any form of corporate reorganization;

Structuring, negotiation and contracting financing for the implementation of transactions;

Structuring and implementation of corporate reorganizations, including those aimed at capturing and exploiting arising synergies from mergers and acquisitions;

Definition of strategies to implement hostile takeovers involving publicly-held companies;

Definition and improvement of rules and principles of corporate governance;

Defense of the rights of shareholders;

Holding of public offers resulting from the acquisition control of publicly-held companies and compliance with applicable rules and procedures;

In this way, we managed to reach the whole area of corporate law, bringing security and minimizing the risks necessary for corporate business action.

With a vast experience of more than 15 years dealing with Labor Justice in various areas of labor demands, we count with specialized professionals, dedicating ourselves exclusively to specialization and constant improvement, focusing on the industrial, commercial, oil and gas and maritime areas.

Defending therefore individual interests or groups of employees and companies, acting even jointly with companies and employees to solve the demands, holding meetings, consultancies, opinions, legal actions, judicial defenses, appeals, hearings and procedural follow-up always available to clients to keep them informed of the situation of their friendly or judicial demand.

Thus we always aim at the best solution for the clients in a preventive or contentious way with the purpose of avoiding or reducing the losses that can lead the company to bankruptcy and the employeefrom suffer loses of several rights provided in the Labor laws.

Also noteworthy is the recent reform introduced in the labor Law no 13467/17, with effect from 11/11/2017, bringing out more than 100 amendments to the old labor law, noted the changes thru the Provisional Measure 808/2017 still in force.

However, in view of the vast experience already acquired in labor legislation, we ares also properly prepared and structured for this transition with all the information already effected and those still awaiting confirmation by the Provisional Measure to better meet the needs of the clients legal entities and physical in order to guarantee, protect or acquire the rights guaranteed by law.

The performance of our office includes:

Defense in preparatory procedures and public civil investigations promoted by the Public Labor Ministry (MPT);

Defense in infraction notices issued by the Regional Superintendence of Labor and Employment (SRTE);

Defense in individual and collective labor claims (filed by employees or by the professional union);

Defense in public civil actions promoted by MPT;

Restructuring and layoff of employees in operations of mergers and acquisitions, extinction of establishments or closure of activities;

Outsourcing services and contracting suppliers and independent representatives;

Legal review of salary structures and benefits;

Incentive plans (bonuses, stock options, restricted stock units and profit sharing plans);

Hiring and dismissal of employees and executives;

Review of internal company policies;

Collective bargaining with unions from various sectors;

Issues related to maritime and port activities.