Resource Library

This article points out that in case the corporate purpose of the legal entity is distorted, deviating the company from its goal for acts deliberately performed by its members, officers and managers, or, further, if such individuals cause improperly a confusion between their own assets and legal entity’s, the abuse of corporate entity is acknowledged, with the legitimation of court intervention, establishing the effects on the private assets of members and officers, who become equally and jointly liable for company’s obligations.

This article provides an overview of the option clauses in Shareholders Agreements regulated by Brazilian law and the instruments that can be used by the parties in order to assure the enforceability of said clauses.

This is a global guide to anti-corruption legislation.

A review of the recent interest and penalties amnesty related to the Brazilian state sales tax on companies importing goods. Includes discussion of how companies can reduce outstanding liabilities and resolve pending litigation.

This resource is a global practice guide prepared by the Lex Mundi Agribusiness Practice Group covering the restrictions and incentives on the acquisition and ownership of interests in farmland.

A review of "moral damages" inflicted upon on employer by its employee. Acts such as unsuitable behavior, bad procedure, competition and, in particular, the violation of professional secrecy can give rise to "moral damages."

A review of changes to Brazil's Commercial Representation Law, specifically the introduction of the sales agency concept in Brazilian contractual relationships.

As we shall demonstrate in the first part of this chapter, there are many questions yet to be answered before private enforcement takes off in Brazil. Basic questions such as who, when, how and what may need to be clarified before plaintiffs feel comfortable initiating an extremely long and expensive recovery of damages. The second part of this chapter will report on the current status of the major private cases initiated in the past years. Finally, suggestions will be provided to address the lack of incentives to seek private antitrust enforcement in Brazil.

A review of the use of arbitration in the Brazilian power sector in light of Law No. 10,847 and Law No. 10,848 of 15 March 2004.

An analysis of draft rules regarding the lease of port terminals in the cities of Santos and Belem, Brazil as well as the "rebalance" of existing port terminal lease agreements.