Litigation

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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 disputes, constitutional issues, tort claims and property disputes. Litigation cases in Brazil are commonly those related to property, which could include both real and intellectual property.

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 asnew 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.

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 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.

Phone: 212-300-7174

Email: info@oliveiralawyers.com