Foreign companies may develop significant business activities in Brazil without maintaining a local legal department.
They may have Brazilian customers, suppliers, distributors, employees, contractors, investments or ongoing commercial disputes.
In these situations, ongoing legal support in Brazil allows the company to obtain local advice as legal issues arise, without hiring a full internal legal team.
What is ongoing legal support?
Ongoing legal support is a continuing relationship between a company and Brazilian outside counsel.
Instead of hiring a lawyer only after a dispute occurs, the company may consult local counsel before signing contracts, hiring workers, terminating commercial relationships or taking corporate decisions.
The scope may include:
- contract drafting and review;
- corporate documents;
- supplier and customer disputes;
- employment guidance;
- debt collection;
- legal notices;
- compliance support;
- litigation monitoring;
- communication with Brazilian counterparties;
- written reports to international management.
The exact services should be defined in the engagement agreement.
Why foreign companies need local legal monitoring
Brazilian operations may be affected by different areas of law at the same time.
A commercial decision may involve:
- contractual obligations under the Brazilian Civil Code;
- employment rules under the Consolidation of Labour Laws;
- employee and customer data under the Brazilian General Data Protection Law;
- corporate-registration requirements;
- judicial deadlines and enforcement procedures.
The Civil Code governs many corporate and contractual relationships, the CLT regulates individual and collective employment relations, and the LGPD applies to personal data processed by private companies.
Legal advice should therefore consider the complete business operation rather than analysing each document in isolation.
Contract management
Foreign companies frequently use contract templates prepared under the law of another country.
Brazilian counsel may review agreements involving:
- suppliers;
- distributors;
- commercial representatives;
- service providers;
- software;
- manufacturing;
- confidentiality;
- technology licensing;
- termination and settlement.
The review may address payment, liability, guarantees, governing law, jurisdiction, arbitration and enforcement in Brazil.
Companies requiring assistance with a specific agreement may consult the guide concerning a contract lawyer in Brazil.
Corporate and investment matters
Ongoing support may also include preparation and review of:
- shareholder resolutions;
- amendments to articles of association;
- powers of attorney;
- appointment of managers;
- capital contributions;
- ownership transfers;
- corporate reorganisations.
Foreign companies operating through a branch in Brazil require prior federal authorization, while foreign shareholders in Brazilian entities must comply with the applicable corporate and registration rules.
Businesses establishing a local entity may review the article concerning a company formation lawyer in Brazil.
Employment support
Companies with personnel in Brazil should obtain local advice concerning:
- employment agreements;
- independent contractors;
- compensation;
- working hours;
- remote work;
- disciplinary measures;
- dismissals;
- labour claims.
Documents prepared for another jurisdiction may not comply with mandatory Brazilian employment rules.
Preventive review may reduce inconsistencies between the written agreement and the employee’s actual working conditions.
Additional information is available through the guide concerning an employment lawyer in Brazil.
Supplier, customer and payment disputes
A continuing relationship with local counsel can be particularly useful when a customer fails to pay or a supplier breaches an agreement.
The lawyer may promptly review:
- contracts;
- invoices;
- purchase orders;
- delivery records;
- emails;
- payment history;
- available guarantees.
Possible measures include formal notices, negotiation, settlement agreements, acknowledgements of debt and judicial proceedings.
Foreign creditors may consult the article concerning a debt collection lawyer in Brazil.
Litigation and legal notices
A foreign company may receive a judicial, administrative, employment or consumer-related notice in Brazil.
The document should be reviewed immediately because Brazilian procedures impose deadlines for responses, evidence and appeals.
Ongoing counsel may:
- obtain access to proceedings;
- explain the allegations;
- preserve evidence;
- coordinate the defence;
- attend hearings;
- negotiate settlements;
- provide reports in English.
The service may be coordinated directly with the company’s executives or together with foreign counsel.
Benefits of an ongoing advisory arrangement
A continuing legal relationship may provide:
- faster review of urgent matters;
- familiarity with the company’s contracts and operations;
- consistent legal positions;
- centralised communication;
- prevention of recurring errors;
- predictable fee arrangements;
- coordination with accountants and foreign lawyers.
This structure may be appropriate for companies that have regular Brazilian legal demands but do not yet require a full-time internal lawyer.
How the service may be structured
Legal support may be provided through:
- a fixed monthly advisory fee;
- a defined number of monthly hours;
- project-based fees;
- separate fees for litigation;
- a combination of recurring and specific services.
The engagement agreement should state:
- included services;
- excluded services;
- response procedures;
- document responsibilities;
- reporting method;
- expenses;
- fees for additional work.
This avoids uncertainty about which matters are covered by the ongoing arrangement.
Remote legal support
Foreign companies can generally manage ongoing Brazilian legal matters remotely.
Communication may occur through:
- video meetings;
- email;
- secure document sharing;
- written legal opinions;
- periodic reports;
- online contract negotiations.
Depending on the matter, foreign documents may require an apostille, sworn translation or a power of attorney.
Ongoing legal services in Brazil
Willian Nunes Advogados assists foreign companies with legal matters connected to contracts, corporate activities, employees, suppliers, customers and disputes in Brazil.
The firm may act as ongoing Brazilian counsel, working directly with international executives or together with the company’s foreign legal advisers.
Services are provided remotely in Portuguese and English, with written definition of the scope and fee structure.
Companies may obtain broader information through the page concerning legal advice for foreign companies in Brazil or present their legal requirements through the contact page of Willian Nunes Advogados.
Each advisory arrangement should be structured according to the company’s operations, expected demand, deadlines and legal risks.
Frequently asked questions
Does a foreign company need a Brazilian subsidiary to hire ongoing counsel?
No. A foreign company may hire Brazilian counsel even without a local subsidiary.
Can ongoing counsel review contracts and employment matters?
Yes. The included areas depend on the agreed scope of services.
Can the lawyer work with our international legal department?
Yes. Brazilian counsel may coordinate documents, strategy and reporting with foreign lawyers and in-house teams.
Are lawsuits included in the monthly fee?
This depends on the engagement agreement. Litigation is often priced separately because its scope and duration may vary.
Can all services be provided remotely?
Many advisory services can be managed remotely. Certain procedures may require formal powers of attorney, translations or local representation.
