Brazilian Law and American Law

spcblog, 25 September 2015, No comments
Categories: Brazilian Peeps, Lawyers

There are plenty of lawyers in Brazil. One of them is Ricardo Tosto de Oliveira. In Brazilian legal practice, he is among the most prominent leaders and strategists. He had his beginnings in a small law office before moving on to the most experienced litigation law firm in his area. He would soon establish his own firm, and it would become one of the largest in Brazil. His past tasks include defending public personalities as well as companies in cases with national recognition and providing legal services for the most important Brazilian corporations and multinationals as well as for politicians of all ideological views and the government. He is a pioneer in adopting certain legal mechanisms, and these tools became commonly used tools throughout the Brazilian legal community. Most of his current partners were mentored by him, and he oversees his firm’s most important cases. He also offers creative strategies as well as specific leadership when there are problems. He also practices in areas of Banking Contracts, Bankruptcy, Credit Recovery, Acquisition Review, Reorganization, Administrative Law, Business Restructuring, Election Law, Civil and Commercial, and Power Recessions. Also, he has previously worked at the HR and Legal Management of Grupo Rede as adviser, Fundacao Rede de Previdencia Privada as director, and Grupo Alusa as legal and administrative superintendent. To conclude, other past and current occupations of Ricardo include president of the Judicial Modernization and Judicial Reform Committees at OAB/SP, member of the International Bar Association, member of the Board of Directors of the Study Center for Lawyer Societies, member of the Steering Committee of the Institute for Management Development – Lausanne – Switzerland Alumni Association in Brazil, member of the Consulting Council of Brazilian publishing house Revista dos Tribunais, and founding member of Brazilian Institute for Political Party and Election Law Studies.
Because this one lawyer has been discussed, the differences between Brazilian law firms and American law firms are to be discussed. First, a Brazilian law firm has a Civil Law judicial system, while an American law firm has a Common Law Precendents judicial system. Secondly, a Brazilian’s firm legal structure is a “society” rather than an enterprise, while an American law firm’s firm legal structure is that it may be registered in different modalities such as “Sole Partnership” or “General Partnership”. Thirdly, registering an Brazilian law firm is based on a national statute called “The Civil Code”, but is registered in each state, while registering an American law firm is registered as any other corporation following local rules. Fourthly, Brazilian law firms are mostly small with average and large sizes as exceptions, while American law firms are trended to be consolidated in large firms. Fifthly, both Brazilian and American law firms are focused on partner names in terms of entity names. Sixthly, many Brazilian law firms have been looking for less regulation for the profession, while some US segments are looking for just the opposite. Finally, regulation for Brazilian law firms is produced by the Council of Lawyers in Brazil.


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