More Areas of Expertise

Contracts

Ribeiro Cervantes Advocacia Rural meets all the needs to carry out legal business, both in the preparation of commercial contracts and in the analysis of legal instruments in order to prepare civil contracts, involving national or foreign companies that have commercial activities in Brazil, such as a purchase agreement and sale, agency, distribution, services, consultancy, supply, export, import, engineering, administration, contract work and insurance, guarantee, surety, pledge and mortgage, among others.

Aeronautical

Ribeiro Cervantes Advocacia Rural is able to meet the needs of its clients related to aeronautical activity. Among the main activities in the area, the following stand out:

• Assistance in negotiations related to the purchase and sale of helicopters and aircraft in general, with the preparation of leasing, financing, mortgage, debt rescheduling and aircraft transfer agreements, and;
• Aircraft registration with the Brazilian Air Registry – RAB;

Labor

Ribeiro Cervantes Advocacia Rural acts in the representation of individuals and legal entities in judicial and administrative proceedings related to the application of labor standards. It offers its clients preventive advice on issues involving individual and collective rights. In the litigation form, it acts judicially in the various instances of labor justice, providing advice and monitoring of proceedings before the Labor Courts, Regional Courts and Higher Courts, preparing legal instruments relevant to each case.

Intellectual Property

Ribeiro Cervantes Advocacia Rural is prepared to monitor the registration and protection of intellectual property rights of its clients not only in Brazil, but also in the most important jurisdictions in the world where these rights must be protected, developing a specific work in the area, among which stand out:

• Records and annotations of contracts referring to trademarks and patents;
• Patent search and consultations on patentability and infringements;
• Request for change of corporate name by spin-off, incorporation or merger;
• Preparation of national and international administrative appeals and nullities;
• Drafting and negotiation of agreements and licensing agreements for intellectual property rights, including copyright and industrial property, technology transfer, technical and scientific assistance;
• Analysis of unfair competition practices with administrative and judicial support, and;
• Elaboration of judicial and extrajudicial strategies in order to protect and defend intellectual property rights.

Banking and Finance

Ribeiro Cervantes Advocacia Rural acts strongly in the area of Banking Law, providing all necessary legal support in matters involving import and export financing (Trade Finance), BNDES operations, consumer and goods financing, loans, credit card operations , public and private issuances of securities abroad, national and international, operational and financial leasing, rural credit, fiduciary alienation contracts in guarantee, commercial pledge, deposit shares, foreign exchange, industrial and commercial contracts, review of standardized banking contracts , indemnities for property and moral damages involving consumer rights, abuse of economic power, arbitrary excess of profit, registration in cadastral restriction bodies, initiation of investigations and proceedings before the Central Bank of Brazil.

Social Security

Ribeiro Cervantes Advocacia Rural works at all levels of administrative and judicial litigation with social security (Receita Federal do Brasil). It also acts in a consultative (preventive and active) manner, advising the client on future actions and solving existing problems, issuing opinions, acting in situations involving the Severance Indemnity Fund – FGTS, in formalizing consultations with Organs competent bodies ( Social Security and Federal Revenue of Brazil), aiming to elucidate legal issues regarding the incidence of social security contributions in specific situations, provides procedural and legal audits (due diligence), monitors social security inspection processes and others involving the aforementioned area.

Among the most common actions taken by office professionals in this area are:

• Declaratory Actions of Rights and Actions for Annulment of Social Security Tax Debts;
• Recovery of social contributions unduly paid to Social Security, to the Federal Revenue Service of Brazil, to ‘Third Parties’ (Other Entities) and to the FGTS;
• Defenses in tax foreclosures proposed by Social Security, Federal Revenue of Brazil and Caixa Econômica Federal, and;
• Defenses in proceedings brought by the Social Security or Federal Revenue Service of Brazil, resulting from inspections.

Real Estate

Ribeiro Cervantes Advocacia Rural acts in administrative and judicial litigation in the area of ​​real estate law, representing its clients in litigation involving real estate contracts in general, advising and assisting clients in the acquisition or sale of urban and rural real estate, in the legal structuring of real estate projects. small, medium and large companies, real estate developments and in matters involving leasing and condominiums.

Among the activities developed by professionals in this area for legal advice related to the execution of real estate transactions, we highlight those that refer to:

• Analysis and follow-up in negotiations for the purchase and sale of real estate, contractual rescission and rescission, refund of amounts paid, compulsory adjudication, granting of definitive deed, release of mortgage levied on the property and payment of property in payment;
• Documentary and notary analysis, lifting of encumbrances on urban and rural properties, seeking a risk-free operation for seller and buyer;
• Advice and elaboration of instruments of purchase and sale, exchange, payment in payment, constitution of mortgages, residential and commercial leases;
• Advice on all procedures for the deeds and contracts related to the purchase, sale and lease of various properties;
• Advice on issues of leasing and subleasing of properties and conflicts in condominiums;
• Judicial follow-up aiming at the declaration of the property held for years in a meek and peaceful way;
• Monitoring and elaboration of defenses in expropriation actions;
• Monitoring of extrajudicial and judicial procedures aimed at regularizing deeds and property certificates, through court permits and other actions;
• Drafting of real estate contracts related to rural properties such as lease and rural partnership, institution of surface rights, agrarian contracts, rural guarantees (agricultural pledge, rural property mortgage);
• Drafting of contracts, cancellations and drafts of purchase and sale promises, sales on credit with reservation of domain or fiduciary guarantee, with or without purging of arrears, of leases, lending, assignments, partnership, leases for commercial and residential purposes, civil construction , institution of surface rights, works contracts, administration and management, easement, usufruct, and;
• Legal advice on georeferencing procedures and transformation of rural properties into urban ones.

Electoral

With regard to Electoral Law Ribeiro Cervantes Advocacia Rural operates in various activities in the field, among them, advising candidates, political parties and party coalitions in judicial defense during the electoral campaign period, especially for the purpose of challenging or defending the registration of candidacy, proposing or defending representations related to electoral propaganda, in judicial investigations of acts of abuse of economic power, abuse of power of authority or abuse of the media, proposing or defending constitutional action to challenge an elective mandate and preparing technical opinions regarding various topics of electoral law, such as enjoyment and suspension of political rights, incidence of constitutional and infra-constitutional ineligibility.

Criminal

With the concern to serve clients in all branches of law, Ribeiro Cervantes Advocacia Rural works in the Criminal area, fundamentally in demands related to crimes involving the environment, consumer relations, popular economy, digital systems, intangible property, the press, tax and economic order, national financial system, money laundering, public administration and finance, among others in the scope of Economic Criminal Law and in other branches of Criminal Law.

The activity consists of carrying out consultations with the purpose of alerting its clients about possible criminal consequences arising from their professional activity, providing guidance and preparing opinions, defenses in criminal proceedings in Federal and State Courts, monitoring police investigations within the scope of the civil, federal and in the administrative scope, as well as in procedures conducted within the scope of the Public Prosecutor’s Office.

Consumer

In the area of Consumer Law Ribeiro Cervantes Advocacia Rural defends its clients in matters related to consumption and services in general, such as disputes with banks, service providers, insurance companies, among other suppliers, always seeking to resolve the dispute out of court. If there is a need to take legal action, the firm promotes the filing, challenge and monitoring of civil liability actions arising from fact and from addiction to products and services, filing of emergency measures, renegotiation and collection of consumer debts with banks, credit card and financial services, promotes actions to repair damages arising from credit shakes due to improper registration in the defaulter registers, among other demands.

Environmental

With the global growth and the great participation of Brazil in agribusiness, several environmental problems appeared and, together with them, the increase in the inspection of environmental agencies motivated by the pressure of society in order to hold responsible those responsible for environmental damage. Within this problematic Ribeiro Cervantes Advocacia Rural has been acting in order to provide services that involve the bureaucratic part of the activity inserted in the Environment, highlighting among them:

• Legal assistance in obtaining Environmental Certification;
• Advice for companies in the process of minimizing the environmental risks arising from their projects, acting especially in consultations, studies and opinions on matters related to the Environment;
• Consultancy and evaluation of projects related to climate change, biodiversity and biotechnology;
• Auditing and consulting for the assessment and regularization of environmental liabilities;
• Preparation of environmental licensing and environmental impact studies;
• Guidance for obtaining and regularizing licenses and permits;
• Monitoring of administrative processes with environmental agencies, preparing defenses and administrative appeals in environmental infraction notices with environmental agencies;
• Advice and monitoring in the execution of a Term of Conduct Adjustment with the Public Prosecutor’s Office or environmental agencies;
• Defense in public civil action and in criminal action arising from environmental crime, and;
• Representation in Environmental Deliberative Councils.

Foreign Capital

Ribeiro Cervantes Advocacia Rural acts in all matters related to foreign investment in Brazil, advising its clients on investment modalities, providing all the necessary support for the effective entry of foreign capital into Brazil, working with the Central Bank of Brazil in investment registrations. foreign exchange, carrying out the conversion and following up, including at the Securities and Exchange Commission (CVM), also acting in the conversion of direct investment of credits redeemable abroad, in relation to the exchange rules. The firm also advises foreign companies on setting up branches in Brazil, either independently or through associations with local partners.

International Trade

Highly linked to Agribusiness is International Trade, having a comprehensive view on the matter is that Ribeiro Cervantes Advocacia Rural, concerned with meeting the interest of its clients, offers several activities in the area, highlighting:

• Analysis of international agreements related to international trade, including rules of origin, preferential tariff systems, quota regime, among others;
• Elaboration and negotiation of international contracts;
• Monitoring international negotiations to better take advantage of opportunities or reduce risks arising from the opening of markets that occurred under Bilateral, Regional or Multilateral Treaties;
• Analysis and consultancy of tariff and non-tariff trade barriers, such as sanitary, phytosanitary, technical, and quantitative barriers, and;
• Advising on the structuring of foreign investments in Brazil, providing guidance and acting in litigation in relation to problems arising from international business.

Due Diligencies

Ribeiro Cervantes Advocacia Rural carries out audits and due diligences for the acquisition, merger and incorporation processes that make it possible to assess whether the company under negotiation has liabilities that may interfere with the market value and whether there is legal security of the business capital, aligning security of the statements with the legal and regulatory aspects in Brazil.