We respond to emergencies arising from maritime and port incidents at any place of Brazil, 24/7

MARITIME

In this sector, we operate under consensual and litigious scopes, providing services to P&I Clubs, shipowners, charterers, cargo brokers, freight forwarders, multimodal transport operators, port terminals and operators, with emphasis on the following subjects:

• Shipping accidents (including damages, general average, collisions, stranding, shipwrecks and fires), with operation before Harbormasters, Maritime Courts and the Judiciary;
• Cargo claim (gross damage);
• Environmental damages arising from the shipping activity and port operations;
• Indemnifications arising from an accident with the crew and port workers;
• Collection and recovery of maritime credits, such as, container and vessel demurrage, detention and freight, among others;
• Lien and seizure of ships;
• Preparation, review and analysis of storage contracts and contracts of transport, Charter Party, charter contracts, agency agreements and bills of lading;
• Homologation and execution of foreign decisions;
• Advisory on regulatory agencies (Ministries of Infrastructure, DNIT, ANTAQ, Merchant Navy and other in-between);
• Studies and opinions of the maritime law, international conventions and relevant application.

PORT

In this sector, we operate under consensual and litigious scopes, providing services to P&I Clubs, shipowners, charterers, cargo brokers, freight forwarders, multimodal transport operators, port terminals and operators, with emphasis on the following subjects:

• Strategic Contentious;
• Collection and recovery of maritime credits arising from storage and other port services;
• Lien and seizure of ships;
• Preparation, review and analysis of storage contracts and port operations agreements;
• Advisory on regulatory agencies (Ministries of Infrastructure, DNIT, ANTAQ, Merchant Navy and other in-between);
• Environmental damages arising from port operations;
• Indemnifications arising from an accident with the crew and port workers

HIGHWAY

In this sector, we operate under consensual and litigious scopes, with emphasis on the following subjects:

• Strategic demands;
• Preparation, review and analysis of agreements on HIGHWAY and correlate services;
• Cargo claim (gross average);
• Collection and recovery of freights and other credits;
• Preparation, review and analysis of agreements on HIGHWAY and correlate services;
• Studies, opinions and specialized advisory on HIGHWAY and relevant regulation before ANTT, DNIT and other intervening agencies.

RAILWAY

In this sector, we operate under consensual and litigious scopes, with emphasis on the following subjects:

• Strategic demands;
• Collection and recovery of freights and other services;
• Preparation, review and analysis of agreements on RAILWAY and correlate services;
• Studies, opinions and specialized advisory on HIGHWAY and relevant regulation before ANTT, DNIT and other intervening agencies;
• Cargo claim (gross average).

AVIATION

In the International Cargo Trade, the AVIATION, of which the activity is governed by an own and autonomous law, has a prominent place. In this area, we are recognized by a strong operation in the following themes:

• Studies, opinions and specialized advisory on AVIATION and relevant regulation before ANAC and other intervening agencies;
• Legal studies and opinions about the applicable law, conventions and international agreements;
• Recourses for recovery of damages caused by third parties;
• Cargo claim (gross average);
• Collection of credits arising from freights and handling services;
• Preparation, review and analysis of AVIATION and cargo agency agreements, charter contracts and Air Way Bills.

REGULATORY, PORTS, AIRPORTS AND INFRASTRUCTURE

We provide services to the Port and Airport Infrastructure sector, by a highly qualified team, participant in discussions about innovations implemented by authorities, giving opinions and undertaking legal impact studies for sector investors.

CUSTOMS

International cargo transport operations are directly connected to Customs Law-related issues. In that area, we are recognized by a strong operation in the following themes:

• Cargo arrest and loss;
• Fines relating to the Sicarga (IN800-SRF);
• Fines arising from shortages and damages in cargo transport;
• Taxation in foreign trade operations;
• Cargo arrest and loss;
• Common and differentiated customs regimes (import and export);
• Preparation of legal opinions relating to tax impacts on the cargo trade and transport activity.

ENVIRONMENTAL

In this sector, we operate under consensual and litigious scopes, providing advice to issues involving the theme, in order to minimize business activity risks, with emphasis on the following subjects:

• Preparation of environmental compliance plans;
• Obtainment of licenses, permits and authorizations to environmental bodies (CETESB, DAEE, IBAMA, ANVISA, MAPA and others);
• Legal support for obtaining authorizations for construction, exploration and expansion of port terminals;
• Advisory on property acquisition;
• Legal support for prevention of environmental damages and implementation of emergency plans;
• Analysis and review of Conduct Adjustment Agreement – (in Portuguese: TAC: Termo de Ajustamento de Conduta);
• Legal Practice related to damages to the environment arising from activity of transport and port operations;
• Audits (due environmental diligence);
• Support in the preparation of a Previous Study of Neighborhood Impact (in Portuguese: EIV);
• Environmental Licensing (RAP, EAS, EIA/RIMA).

BUSINESS

In this sector, we operate under consensual and litigious scopes, with emphasis on the following subjects:

• Companies’ Articles of Incorporation;
• Preparation of corporate documents;
• Acquisition, merger, spin-off and incorporation of companies and “joint-ventures”, with due diligence;
• Shareholders/stockholders agreements and other corporate acts;
• Strategic advice as for the contractual structure to be adopted, taking into consideration private aspects of the business, as well as relevant responsibilities;
• Preparation and creation of contracts, including the creation of specific templates for the customer’s operating area;
• Strategic follow-up for negotiation of high complexity contracts;
• Contract management and control;
• Due diligence of documentation, as well as documentation control;
• Advisory on privatizations, proceedings for bid tenders. waiver for requirement, and for non- requirement of bid tender.

INSURANCE AND REINSURANCES

In this sector, we operate under consensual and litigious scopes, with emphasis on specialized advisory on hiring and review of insurances and reinsurances in the modalities:

• Legal Insurance for securities in civil, environmental, tax labor actions;
• Fixed premium for cargo, vessels and other transportation vehicles, port terminals and operators;
• P&I Coverages (Protection and Indemnification), FD&D (Freight, Demurrage and Defense) and H&M (hull and machine);
• RCC, D&O and E&O Coverages.

COMPLIANCE AND CORPORATE INTEGRITY

In this sector, we operate under consensual and litigious scopes, with emphasis on the following subjects:

• Legal Advisory dedicated to the enhancement of mechanisms and tools of control and governance in Compliance and anticorruption areas to private and public companies;
• Compliance and governance risk analysis, according to the business;
• Preparation, implementation/review and training of Compliance and Anticorruption Program/Policies;
• Creation and/or management of denunciation line, as well as advisory on the conduct of internal investigation;
• Support to issues involving the application of the Anticorruption Law (Law no. 12846/2013) and relevant Regulatory Decrees;
• Implementation of policies and procedures for providers and subcontractors.

LABOR

In this sector, we operate under consensual and litigious scopes, with emphasis on the following subjects:

• Collective Labor Agreements;
• Complaints arising from accidents with works on board, personal injury;
• Complaints of TPA’s and collaborators connected to port terminals and operators.

STRATEGIC LITIGATION

In some situations, OPERATING AREAS at the office, mainly related to regulatory, maritime, port, aviation and customs law, for being directly connected to essential sectors of the globalized economics, demand a strategic study and conduct, where Capela Advocacia’s professional team stands out.

TAX

In this sector, we operate under consensual and litigious scopes, with emphasis on the following subjects:

Tax Advisory• Tax Planning;
• Tax procedures review with the purpose of knowing eventual vulnerabilities or even possibilities of reducing tax cargo, by means of recovery of exceeding taxes collected, obtainment of special regimes and tax incentives;
• Advisory on the structuration, review of agreements and implementation of merger and acquisition operations;
• Support to mapping and analysis of different tax models to be adopted in business restructuration projects;
• Tax analysis of the national financial market, seeking to perform financial operations with the minimum tax impact as possible;
• Inspection procedure follow-up;
• Risk evaluation and need for provisioning about questioning of tax collection, as well as advisory on legal strategies for legal impingements;
• Preparation of legal opinions and opinions on general tax matters.Tax Litigation• Administrative and judicial defense in case of requirement, infraction notice, federal, state and municipal taxes;
• Proposition of declaratory action, writ of mandamus, annulment action for tax debit;
• Defense in tax execution or injunctive tax;
• Preparation of defenses and appeals under administrative and legal scope and at several court levels, including the use of an oral sustentation at Higher Courts.

CONSUMER

In this sector, we operate under consensual and litigious scopes, with emphasis on the following subjects:

Tax Advisory • Follow-up/hearing/defense;
• Follow-up of lawsuits derived from Infraction Notice from Procon;
• Advisory on consumer protection laws;
• Advisory on pending administrative proceedings with Procon;
• Audit/due diligence in companies for reduction of stock/liabilities, arising from lawsuits filed by consumers;
• Advisory on all subjects involving consumer protection laws;
• Preparation of opinions for formalizing contracts that involve consumer protection;
• Guidance for conflict solving between companies and their consumers;
• Civil responsibility/defense of companies’ interests in passive and active legal standing, always that there is a consumer protection law.

REAL ESTATE

In this sector, we operate under consensual and litigious scopes, with emphasis on the following subjects:

• Alternate forms of conflict solving;
• Advisory on civil and business relations;
• Condominium, building and developments;
• Administrative and legal litigation on all of scopes;
• House financing contracts and action for contract review or termination (cancellation) against banks, construction companies and developers;
• Review or termination of real estate contracts of financed property in all of areas;
• Diffuse, collective and homogeneous individual rights, consumer and assets, and similar value rights;
• Loan, donation and acknowledgment of debt;
• Surety, pledge and other securities;
• Indemnities for illegal acts;
• Rental and eviction;
• Possessory actions and expropriation;
• Property and usucaption;
• Credit recovery, credit execution and qualification;
• Legal recovery and Bankruptcy;
• Civil Responsibility (subjective and objective, including the environmental).

FAMILY AND PROBATE

In this sector, we operate under consensual and litigious scopes, with emphasis on the following subjects:

• Legal permit for sale of property acquired by minor;
• Legal annulation and reconciliation of marriage;
• Asset statement and freezing;
• Search and detention of minor;
• Legal conversion of separation to divorce;
• Preparation of cohabitation agreement;
• Guardianship and visitation of minors;
• Inventory, asset statement and legal permit;
• Paternity investigation;
• Food offer;
• Injunction of Maria da Penha Law, with preservation of rights for both parties;
• Prenuptial agreement and marriage regimes;
• Application for adoption;
• Request, review, execution and discharge of foods;
• Asset planning;
• Rendering of accounts;
• Legal recognition and dissolution of domestic partnership;
• Separation from bed and board;
• Consensual and litigious Separation and divorce;
• Administration de bonis non;
• Will;
• Guardianship, curatorship and the relevant rendering of accounts.
Mensagem enviada com sucesso!
NAME E-MAIL SUBJECT MESSAGE
Design by matrizpublicidade.com