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Contract Lawyers in Brazil

contract attorney in brazil

When doing business in Brazil, you will need to sign a contract or perhaps write one up for someone else to sign. When you are from another country, it is important to first understand the contract laws that exist in Brazil, as they might be different than the ones you are used to. Contracts are an important part of any business, so getting it right the first time is essential to succeed in Brazil.

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+55-11-4349-1915 Brazil
+1-212-300-7174 USA
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Contract Review in Brazil

It is important to remember that, unlike many other countries, Brazil operates under a civil law code as opposed to a common law code. This means that it has many laws and written legislation for nearly everything, including contracts.

Therefore, if your company is expanding its business to Brazil, one of the main priorities should be reviewing and adapting contracts such as Terms of Service. A review will flag provisions that are not compatible with the Brazilian legal system.

Adapting the contract means changing such incompatible provisions in order to offer the maximum protection possible to your business while still abiding by the local laws in Brazil. The final result of this review and adaptation work is that your contract will be considered enforceable in Brazil, thus bringing the legal protection you were looking for in the first place.

Some of the aspects reviewed in our Contract Review service:

Translating a contract into Portuguese is just one of the steps required for a contract to be enforceable in Brazil. Actually, before translating several aspects of the contract must be reviewed and adapted when necessary. Some of the aspects our attorneys address when reviewing your contract to be adopted in Brazil:

  1. Brazilian Consumer Code
  2. Translation to Brazilian Portuguese
  3. Who to contact for notices
  4. Choice of law
  5. Choice of place

Types of Contract

We draft, review and adapt contracts for use in Brazil on a daily basis. These are some of the contracts that we work with frequently.

General Business Contracts
Some common sales contracts include:

  • Partnership agreement
  • Indemnity agreement
  • Nondisclosure agreement
  • Property and equipment lease

Sales Contracts

Some of the most common types include:

  • Bill of sale
  • Purchase order
  • Security agreement

Employment contracts

  • General employment contract
  • Noncompete agreement
  • Independent contractor agreement.

Other Contracts

  • Lease agreements
  • Insurance agreements
  • Financial agreements

Before you write up or sign any contract, you should first make sure that there isn’t a more specific law you’ll need to follow under such a contract. There is also a difference between civil code contracts in Brazil and consumer code contracts.

Contact Us Now
+55-11-4349-1915 Brazil
+1-212-300-7174 USA
Get a Quote Today!

Contracts Under the Civil Code

When contracts are under the civil code, it means that both parties willingly agreed on something. For example, a civil code contract would be a binding agreement between two farmers to trade 20 chickens for 5 pigs on a certain date. They are legally expected to do everything in their power to uphold their promise. Both parties have equal rights and attributes, and in the event of a breach, they would both be charged equally.

Contracts Under the Consumers’ Code

In certain cases, a contract might fall under the consumers’ code. Such a contract is more protective of the “economically weaker” party. When it comes to consumers signing contracts with big businesses, the consumer is always weaker and therefore is protected under the consumers’ code. For example, a contract under the consumers’ code might be for a company to deliver a certain product to an individual. If this product had not met its description or expected level of quality, the company would have breached the contract and the court would have protected the consumer.


If you are operating your Brazilian business from the United States, or if you are investing in a Brazilian company, you should know where jurisdiction will lie for your contract. Brazilian law states that, when a contract is breached, jurisdiction lies in Brazil when the terms of the contract must be performed in Brazil. In other words, if the contract was actually breached in the confines of Brazil, the Brazilian court will deal with it.

If you are doing business for the first time in Brazil, do not wait until you accidentally breach a contract to get yourself an attorney. Breaching a contract could be expensive for you and your business, so it is worth getting an attorney who can guide you through the process before officially signing anything.

Contact Us Now
+55-11-4349-1915 Brazil
+1-212-300-7174 USA
Get a Quote Today!