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Business Litigation Lawyers in Brazil

legal opinion in brazil

Business litigation in Brazil involves any type of lawsuit filed by or against a business. There are many different reasons why someone might file a lawsuit against a business, and why a business might file a lawsuit against someone else.

While these reasons are wide-ranging and unpredictable, there are some common reasons why business litigation takes place in Brazil. If you’re thinking of opening a business or simply doing business in Brazil, you should learn what common reasons business litigation could go into effect.

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Common Lawsuits Filed By Businesses

  • Breach of ContractWhen a contract agreement between two businesses is breached, the injured party faces legal consequences. Especially when he or she does not receive the products expected or the money deserved, his or her business may suffer severe losses. For that reason, it is not uncommon for businesses to sue offending parties when a contract is breached. Even more importantly that punishing the offender, these businesses file lawsuits to repair the damages.
  • Interference with Business Relationships – In some cases, businesses rely heavily on the relationships they have with their customers and their businesses contacts. When a third party intentionally interferes with those relationships and breaks them, the business can file a lawsuit.
  • Patent or Trademark Infringement – In Brazil, patent infringement is considered both a crime and a civil offense. When a business has its own trademark or patent, it is truly a defining factor for its brand in the eyes of the consumer. For that reason, when another business passes it off, the creator must file a lawsuit to ensure that the integrity of their business is not compromised.
  • Unfair Trade Practices – To stay in business, companies must make sure they are on par with their competition. In some cases, competing businesses use unfair methods to get way ahead, and such behavior could call forth a lawsuit. Some of these practices include price gouging and predatory pricing to draw customers in.

Common Lawsuits Filed Against a Business in Brazil

  • Wrongful Discharge – When an employee of a business is fired, it is usually because he or she was not performing well in his or her position. Sometimes, other factors come into play, and the discrimination is illegal. For that reason, lawsuits filed against businesses related with a wrongful termination of employment are common.
  • Bad Faith – When an agreement is undertaken in bad faith, it means that the agreeing party never had any intention of actually upholding its end of the bargain. In some cases, businesses do not follow through with their agreements, and their clients may file a lawsuit against them.
  • False Advertising – When a company purposely misleads customers with false advertising, those customers can file a lawsuit against it. For example, companies often exaggerate the size of their products on TV. If people purchase these products based on their size and the actual size is completely different, the customers can file a lawsuit against the business.
  • Personal Injury – If you walk into a restaurant, slip on the wet floor and break your arm, you can file a personal injury lawsuit against the business. This type of lawsuit includes any instances where an individual was injured in a place of business due to negligence. If you own a business, you should make sure there are no opportunities for personal injury, as the lawsuits are often hefty.

Business Litigation specialties in Brazil

How to Get Help

All of these lawsuits are different reasons for business litigation in Brazil. If you’d like to learn more about Brazilian business litigation, you should speak with a professional attorney.

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info@oliveiralawyers.com
+55-11-4349-1915 Brazil
+1-212-300-7174 USA
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Litigation Attorneys in Brazil

litigation attorney in brazil

Litigation in Brazil includes all types of lawsuits, disputes, or cases that are brought before a civil court. Since litigations are part of the civil court, this excludes criminal cases, or those in which the prosecutor is the government itself.

When you’re looking to start litigation in Brazil, it is very important that you first understand the laws that you are up against. If you are unfamiliar with Brazilian laws, you should hire an attorney to guide you. Different types of litigation may include class action suits, contract disputesconstitutional issues, tort claims, and property disputes. Litigation cases in Brazil are commonly those related to property, which could include both real and intellectual property.

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info@oliveiralawyers.com
+55-11-4349-1915 Brazil
+1-212-300-7174 USA
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Real Property Litigation

Real property litigation in Brazil is that which involves real estate. Since there are so many laws in Brazil concerning contracts and leasing agreements, only experts will be able to help you navigate your way through the legal jargon and subtleties of the law. Your real property litigation could include issues such as:

  • Disagreements concerning competing property ownership rights
  • Mortgage foreclosures and lien foreclosures on a property
  • Quiet title actions, which are litigations intended to determine the owner of the property
  • Litigations between landlords and tenants, including tenant law and the eviction process

Even if you do not reside in Brazil but own a business there, you might find yourself in the middle of real property litigation. You’ll need to lease or buy your property from someone, and the process could incur litigation if a party does not agree to any terms of the contract. If you feel that property litigation is necessary for your business in Brazil, you should seek professional advice to make sure your case is strong. Without knowing the full extent of the complicated laws in Brazil, you could be mistaking one of your country’s laws for one of theirs.

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info@oliveiralawyers.com
+55-11-4349-1915 Brazil
+1-212-300-7174 USA
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Intellectual Property Litigation

Intellectual property can sometimes be hard to define because it is often not a real or tangible item. Sometimes, it is something as simple as a color scheme. Intellectual property includes:

  • Copyrighted material such as books, paintings, drawings, internet posts, and research documents.
  • Trademarks such as business logos, business names, business slogans, and even business color schemes.
  • Patents such as new technology or new business methods
  • Trade Secrets such as recipes, marketing strategies, or business methods

If someone infringes upon any of your intellectual property, you’ll need to get a Brazilian attorney and take the case to civil court. As long as your intellectual property was patented or copyrighted, the case should be in your favor.