Brazil
We represent clients from all around the world in Brazil every year. We see the globe as having no borders and are unafraid of language hurdles or time zones.
LegaMart Lawyers in Brazil
Legal Industry in Brazil
Brazilian Law guarantees that anyone who is not financially able to hire the services of a lawyer and pay for legal proceedings is entitled to free legal aid.
In Brazil, the “Defensoria Pública” (Public Defender’s Office) is responsible for providing legal advice and guidance to persons who are not able to afford such costs. Asylum seekers and refugees are also entitled to receive help from the Public Defender’s Office. The Public Defender’s Office is present in all Brazilian states and in most large cities; it is subdivided into the State Public Defender’s Office (“Defensoria Pública do Estado”) and the Federal Public Defender’s Office (“Defensoria Pública da União”), depending on the subject-matter:
“Defensoria Pública da União” (Federal Public Defender’s Office): for any questions or dissatisfaction concerning your asylum claim, documentation, retirement, rights of foreigners in Brazil or access to social welfare benefits, or if you are a defendant in criminal proceedings before a Federal Court involving, for example, forged passports or identification documents, or in extradition and deportation proceedings.
“Defensoria Pública do Estado” (The State Public Defender’s Office): for any questions or dissatisfaction concerning housing, rent, divorce, alimony and maintenance, custody of children and adolescents, post-mortem estate inventory, questions of paternity or compensation or if you are a defendant in criminal proceedings before a State Court such as homicide, theft, robbery, fraud or embezzlement, rape, etc.
The Public Defender’s Office is present in all Brazilian states and in most large cities.
Articles about Law in Brazil
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Most common legal demands in Brazil
Legal Market Overview in Brazil
Considering that law always follows the economy, the emerging Brazilian legal market is flourishing as a competitive, dynamic market on the way to maturity. Taking its leading position in the huge and diversified Latin American economy into account, it is hardly surprising that the Brazilian legal market occupies the largest and most dynamic part within the region.
Brazil’s general rule of law score decreased by less than 3% in 2022’s Index. At 81th place out of 140 countries and jurisdictions worldwide, Pakistan’s rank decreased by 22 in the global rank in comparison to 2019 (59).
Research shows 69% of people in the Brazil experienced a legal problem,50% of them knew where to access help and 55% resolved the problem.
The average duration of resolving the legal problem in the Brazil is 6 months and also 28% experienced a hardship.
Frequently Asked Questions
Where can a lawyer get licensed in Brazil?
A Bachelor of Laws graduate must the pass the Brazilian Bar Examination in order to be admitted to the Brazilian Bar Association ( (Ordem dos Advogados do Brasil – OAB) and be licensed to practise. The lawyer should then register with a State Chapter of the OAB.
Are there any tax incentives or exemptions available for foreign entrepreneurs doing business in Brazil?
Brazil offers several tax incentives and exemptions for foreign entrepreneurs doing business in the country.
One of the most significant tax incentives is the Special Customs Regime for Export and Import of Goods for Industrial Projects (REIDI). Under this regime, businesses can import machinery, equipment, and other goods used in their industrial projects without paying certain taxes and fees.
There are also specific tax incentives available for businesses operating in certain industries, such as technology and innovation. For example, companies that invest in research and development may be eligible for tax breaks and other incentives.
Additionally, Brazil has signed double taxation treaties with several countries to avoid double taxation of income earned in both countries. This can help reduce tax liability for foreign entrepreneurs doing business in Brazil.
It’s essential to consult with a tax professional or legal expert to understand which tax incentives and exemptions apply to your specific business and circumstances.
What is the process for enforcing my intellectual property rights in Brazil?
Enforcing intellectual property rights in Brazil can be a complex and time-consuming process. The first step is to identify any potential infringers of your intellectual property rights. Once you have identified an infringer, you can take legal action to protect your rights.
The process for enforcing your intellectual property rights typically involves the following steps:
The process for enforcing your intellectual property rights typically involves the following steps:
- Cease and desist letter: Before initiating legal proceedings, you may want to send a cease and desist letter to the infringing party, requesting that they stop using your intellectual property. This letter should be sent by a lawyer and include evidence of your ownership of the intellectual property.
- Preliminary injunction: If the infringing party does not comply with the cease and desist letter, you may seek a preliminary injunction from a Brazilian court. This injunction would order the infringing party to immediately stop using your intellectual property.
- Lawsuit: If the preliminary injunction is granted, you may pursue a lawsuit against the infringing party. The lawsuit will seek damages for the infringement and may also request an injunction ordering the infringing party to permanently stop using your intellectual property.
- Appeals: Either party may appeal the decision of the trial court to a higher court in Brazil.
Overall, the process for enforcing intellectual property rights in Brazil can be lengthy and complex. It is important to work with a qualified attorney who has experience in this area of law to ensure that your rights are properly protected.
