Brazilian Commercial Law: A Practical Guide, 2nd Edition

Brazil’s power to attract international investors has become irresistible. Large-scale economic development, massive infrastructure projects, substantial agribusiness and commodities markets, and newly discovered oil and natural gas resources—combined with improvements in social standards and a consolidation of democratic institutions—have spearheaded the emergence of Brazil as a formidable global economy challenging the developed nations.

This is the first book in English to provide a detailed guide to the ways into and around the Brazilian economy. Thirty seven leading Brazilian practitioners describe and interpret laws and regulations governing business set-up procedures, transactions, contracts, financing, taxation, securities, intellectual property, real estate, dispute resolution, environmental protection, labor, insolvency, competition, trade remedies, anti-corruption, private funds and insurance. They explore every issue likely to be important to investors, including the following:

• competition, mergers and acquisitions, joint ventures;

• contractual clauses, statutory requirements on specific agreements;

• tax incentives available for infrastructure projects;

• listing and offering requirements in capital and securities markets;

• licensing, franchising, and other intellectual property agreements;

• civil proceedings, arbitration, and the mechanisms of dispute resolution;

• the structure of the Brazilian judiciary system;

• rules on conflicts of law and competence of jurisdiction;

• real property acquisition and development;

• environmental liabilities;

• forms of employment and employment contracts;

• insolvency and bankruptcy proceedings;

• trade remedy system;

• anti-corruption legislation;

• private equity, venture capital and investment funds and

• insurance and re-insurance.

Taking the point of view of a commercial lawyer required to draft and negotiate agreements governed by Brazilian law, each author contributes particular expertise to this incomparable resource for potential and actual investors in Brazil and their counsel. Thoroughly up-to-date in its exploration and understanding of the legal transformations that are taking place in Brazil, this book will be invaluable to corporate lawyers, investors, academics, and policymakers interested in Brazil’s role in the global economy.