Environmental
The environmental and sustainability variant is gaining increasing importance in the national and international business environments, with the predominant analysis of environmental, social, and governance (ESG) dimensions by investors and stakeholders in general.
As such, Tocantins & Pacheco Advogados has experience in legal consulting and litigation (administrative and judicial) in rural and urban areas in several sectors, such as: oil and gas, energy, telecommunications, industries in general, and services.
With an interdisciplinary and collaborative approach, our professionals are trained to provide legal services in environmental licensing, notices of violation, environmental risk assessment, compliance, due diligence and audits in general, dialogue with environmental agencies, contracts, green finance, among others.
Aviation, Aerospace and Defence – Technology and Innovation
Tocantins & Pacheco Advogados advises on issues covering all industry segments, whether the products have a civil or military application, with the ability to operate in a highly complex environment and the global nature of the business. Our lawyers understand your business and the market, and the challenges of day-to-day operations, customer and supplier agreements, trade and logistics, procurement, public contracting, compliance, regulation, financing, insurance, technology and assets – and since we are expanding our presence from continent to continent, we can scale our practice to small and large businesses in any country in the world.
Compliance
Legislative compliance and risk management has become an essential part of the organization and governance of organizations.
The implementation of risk & compliance systems aims to determine the requirements and obligations that the organizations have established legally in different fields (sector-specific legislation, data protection, information security, business sustainability, etc.) as well as the risks (legal, economic, regarding reputation, etc.) that their infringement can lead to in organizations.
The Anticorruption Law is particularly important since it contemplates a new corporate risk category, criminal risk, which led to the obligation to establish a new legal framework in which companies (regardless of their size) are obligated to implement effective crime prevention programs that enable them to detect and prevent criminal risks affecting their organization.
Competition
Our Competition Law has a team of highly specialized professionals in all aspects of Brazilian competition law and, in partnership with the other areas of Tocantins & Pacheco Advogados, they represent the firm’s national and foreign clients
Civil Litigation and Arbitration
Our performance in civil litigation involves the definition of strategies for the solution of conflicts, the elaboration of all procedural documents, obtaining precautionary measures and the close monitoring of the procedures, both in the judicial and arbitral spheres, with dispatches with judges, oral arguments and the involvement of senior professionals until the final judgement. The litigation practice is performed in the administrative sphere, before several public agencies and autarchies, such as the Central Bank of Brazil – BCB, the Securities and Exchange Commission of Brazil – CVM, professional entities, as well as in the state and federal judicial spheres, in all Brazilian courts.
Administrative Law and Biddings
Maritime and Ports Law
As a full-service provider, the firm assists the world’s leading ship-owners, shipyards, P&I Clubs, charterers, builders, traders, banks and insurers
The firm’s lawyers deal with the full range of legal issues affecting the carriage of almost every type of cargo, including LNG.
Dispute Resolution, Maritime Claims and Ship Arrest
Charter, Engineering and Construction
Tax, Customs, Immigration, Admiralty Registration, Port Control, Regulatory Compliance
Marine Casualties and Pollution
Energy
Our professionals have solid experience and expertise in the energy and regulatory areas, having worked for decades in the Brazilian electricity sector. We advise clients in corporate, bidding, competition, contractual, regulatory and litigation issues in the generation, transmission, distribution, commercialization and consumption of electric power segments. We have acted in matters related to both the Regulated Contracting Environment – ACR and the Free Contracting Environment – ACL, involving M&As, energy auctions, tariff reviews, preparation and negotiation of PPA’s in the ACR and ACL, assignment of energy amounts before the Electric Power Trade Chamber – CCEE, administrative and judicial discussions related to credits and payments before the CCEE, such as those related to the GSF, follow-up and presentation of contributions before Electric Power Federal Regulator – ANEEL public hearings, preparation and negotiation of consortium, construction (EPC), operation and maintenance (O&M) contracts, assistance in structuring and contracting State Owned and Private Partnerships – PPPs, structuring, preparation and negotiation of distributed generation and solar generation projects, wind and cogeneration projects, among others. We also advise free, special and potentially free electric power customers. We also assist in obtaining the necessary grants and authorizations for the operation of concessionaires, permissionaires and authorized electric power companies, such as energy trade companies. We represent clients in administrative proceedings before CCEE, National Electric Power System Operation – ONS, Energy Research Company – EPE, ANEEL and Ministry of Mines and Energy – MME, as well as in judicial and arbitration proceedings.
Sports, Media and Entertainment
Tocantins & Pacheco Advogados is one of the few full service law firms with clients and professionals involved in the sports, media and entertainment industry.
Tocantins & Pacheco Advogados is able to provide advisory services in the following segments:
Real Estate Law
The professionals at Tocantins & Pacheco Advogados have experience in legal consulting and assistance in due diligences and audits, negotiations and contracts in general, proceedings and interaction with registry offices, rural and urban land regularization, incorporations, purchase and sale, leasing, surface rights, among others.
Insolvency
We act in out-of-court reorganization, judicial reorganization and bankruptcy proceedings, which require strategy and negotiation skills before the debtor, the trustee and other creditors in an attempt to reach an amicable composition for credit recovery, as well as expertise in the judicial scope for credit qualification, challenge of credits declared by the debtor, participation in the creditors meeting, approval of the reorganization plan, obtaining precautionary measures, filing appeals and following the process until its final definition.
Financial and Capital Markets
Tocantins & Pacheco Advogados provides legal advice on all matters related to the operation of financial institutions, including the ones regarding the relationship with the Central Bank of Brazil and the Securities and Exchange Commission of Brazil.
The firm is also experienced in setting up investment funds and structuring financial and private equity transactions, including the issuance of securities in public and private placements, as well as securitization transactions backed by receivables, payment flows, or securities.
Tocantins & Pacheco Advogados also advises financial institutions and companies in contracting loans, financing and other types of debt operations in the local and international markets. The firm is also active in the registration of foreign investments in the country and their foreign exchange aspects.
Oil and Gas
We have over 30 years of experience in providing legal services in the oil and gas sector in all segments of the industry. Our practice is multidisciplinary to meet the demands of our clients acting in the oil and gas production chain, among them: exploration and production companies (international, national or independent), specialized service and equipment suppliers, transportation companies, marketing (tradings), import and export of products, LNG and biofuels.
Project Finance
We have an area of practice which is specialized in Project Finance that is responsible for following up the entire process of funding or similar, with a financial and results drive. Also, along with lawyers that dedicate themselves only to the area, such projects are supported by our other practice areas, such as Tax, Corporate, Financial Regulation, among others.
Insurance and Supplementary Health
We have vast experience in legal services in insurance, reinsurance and supplementary health matters, assisting clients in administrative and judicial proceedings before third parties or regulatory agencies.
The scope of our work also includes regulatory and corporate matters of regulated entities.
Linked partners
Corporate, M&A and Contracts
The professionals of the firm have vast experience, recognized nationally and internationally, being a reference in mergers and acquisitions (M&A), acting for commercial companies from the most diverse sizes and market segments, as well as for non-profit organizations such as associations and foundations (third sector).
We bring to bear our own expertise in advising domestic and foreign clients, since our professionals are committed to provide the best services, from consulting and advisory in the routine processes of companies, mainly joint stock companies and limited liability companies, to more complex operations of corporate restructuring, sale of control, joint ventures, among others.
TMT, Privacy & Personal Data Protection, Information Security and Intellectual Property
Human-machine interaction is now an increasingly present reality, transforming the way people and organizations interact and how the State regulates it.
Tocantins & Pacheco Advogados works with great emphasis in 6 dimensions: (i) monitoring the regulatory environment of new technologies; (ii) legal advice in the development and management of new business models from a regulatory perspective; (iii) advice on contracts and negotiations; (iv) production of in-company materials, contributions to public inquiries and administrative and judicial proceedings; (v) training and capacity building for regulatory affairs management and compliance; and (vi) evaluation of the business model and the way the service is offered in order to qualify its nature, telecommunication or value-added, as well as the grant with Anatel, of restricted or collective interest.
In the area of Privacy & Data Protection we act through consulting and compliance projects with personal data protection regulations (GDPR and LGPD), from awareness and staff training to the implementation of a complete privacy and data protection policy, including benchmark and comparative law analysis. We also offer the DPO contracting modality. We elaborate and review, among others, privacy policies and terms of use for websites, cookie policies, consent terms, data governance policies, impact reports, technology transfer agreements, international data transfer, specific policies for startups, websites and applications, and information security policies.
In this area of New Technologies, we always seek to advance our clients with regulatory trends in the field of Internet of Things (IoT), Artificial Intelligence (AI), Fintech and Blockchain. Through advisory and preventive consulting, we provide guidance on national and international business.
Labor Law
Our firm´s labor team is one of the most respected and recognized in Brazil with more than one hundred clients from national to multinational companies based in Brazil. From litigation until counseling, we advise in all matters related to Labor Law and Social Security.
In the case of litigation, we provide full assistance in labor, individual and/or collective lawsuits filed by (i) employees, (ii) professional unions, (iii) labor prosecutors, and (iv) authorities related to the Ministry of Labor.
In addition to consultations related to the Brazilian legislation, we assist in Collective Bargaining with Professional Unions for adjustments of Collective Instruments (Collective Agreements or Conventions).
Finally, sharing this attribution with the tax area of the firm, we act in the administrative litigation comprised of administrative proceedings before the Regional Labor Office (currently, Regional Labor Superintendence); the Labor Public Prosecutor’s Office, and notices related to social security contributions.
Transport and Logistics
In a world increasingly dependent on transport and logistics networks, our firm has professionals that come from companies in the sector or with recognized practice in previous law firms. Since the sector is highly regulated in several aspects, our professionals have specific skills in order to deal with contractual, labor and tax obligations. In this sense, we provide assistance to large carriers and logistic companies both in day-to-day issues as well to support our clients in long-term projects
Tax and Customs
With a team recognized in the market, the firm is prepared to provide services in all areas of tax law, whether through specific knowledge by area (direct and indirect taxation, international taxation, consulting and planning) or by specific industries (e.g. technology, telecommunications, oil and gas, mining) of the most diverse sizes.
We advise domestic and foreign clients through a thorough analysis of each business, reducing tax risks and negative impacts for companies, as well as incorporating structures that are based on the best tax practices.