Sebastião Ventura Pereira da Paixão Júnior - Escritório de Advocacia - Porto Alegre/RS
+55 51 3073-4873
Carlos Gomes, 1492, cj. 1101
Urban Concept - Porto Alegre/RS

Practice Areas

We specialize in complex law suits which are difficult to solve and which exceeds our competitors skills and problem solving abilities.

We aim at working alongside our clients in order to get to know its realities, its activities, its interests as well as its businesses peculiar aspects, its uncertainties and its future expectations.

We aim at offering very personal solutions, by building a trustworthy relationship and a loyalty bond with our clients. We aim to be, above all, a law firm fully dedicated to our clients and collaborators’ satisfaction.

We shall work in the following areas:

Social Security and Private Pension Funds

The social security matter is a serious and cumbersome one.The misdirections and inefficiencies of the INSS (Instituto Nacional de Seguridade Social – National Institute of Social Security) have been fostering the private pension funds’ sector. Their growth has turned them into real economic players, with substantial investments in both fixed and variable income capital.

We understand that this sector needs further clarification. There is also a need of an environment which fosters the convergence of interests which guarantees the unity of the system. Besides that, it is necessary to guarantee independence between pension funds and opportunistic political interests, which sometimes forgets the main goal of the private pension funds scheme: the protection of its beneficiaries. We aim at helping to build a state of justice and fairness which shall allow us to protect the fundamental interests that are at stake.

For that matter, it is necessary to understand the economical context in, which these pension funds operate on, besides, of course, a deep knowledge of the legal system of their country (ies) of origin. It is paramount to separate complementary pension funds with defined benefits from defined contribution plans. Secondly, one must highlight their principles and peculiarities. It is also necessary to lower the ‘edges’ of the pension funds which have chosen to migrate from one pension plan to another, which often lead to juridical embarrassement. Finally, it is cogent to restore an environment of cooperation amongst the parties involved aiming at minimizing the litigation atmosphere at the first part of the payment of benefits.

Still, it is necessary to establish a better control over the management of these funds, by making them and their processes more transparent. Moreover, there are recent judicial decisions which equate private pension funds to financial institutions. That results in profound civil and criminal consequences, by making pension funds liable to punishment for crimes perpetrated against the national financial system.

Banking Law and Capital Markets

Our firm goes beyond the mere financial intermediation and performance of tasks that are inherent to this sort of business, such as attraction of funds, disposal of claims on the capital market, negotiation and recovery of claims.

We aim at taking part – in the legal helm – in matters which are necessary for Brazil’s economic and financial growth. The need of new credit products can be observed through an example: the resources of savings accounts’, which are known to be redirected to real state credit are limited and are on the verge of saturation. Once they are no longer available, the building construction sector will no longer be able to continue the process of diminishing the profound housing deficit which our country faces. If compared to other emerging markets, Brazilian real state credit – which is around 5 % of our GDP – is low and certainly has room for growth. Having said that, the obedience to legal safeguards will prove necessary in order to guarantee that these new credit instruments are safe and prove that they will leverage this very sector. It is needless to say that business leverage must be done without putting the solvency of banks in jeopardy.

Another promising area is capital markets. No free economy has attained progress without a strong and thriving capital market. Those who are aware of the matter being discussed understand that the emission of ….. is nothing but an attempt to capitalization process so that companies can finance their projects and business strategies. Thus, our capital market is incipient and will necessarly have to develop further. We have been witnessing BOVESPA’s efforts to attract a larger number of individuals to variable income. However, many still fear that stock exchanges are some sort of ‘casino’ in which financial outcomes are manipulated. This view of capital markets and stock exchanges is still strong and put off a great number of people. However, once one starts studying a subject and becomes knowleadgeable on it, one will have the appropriate means to control and check on it in case risk is still feared.

Brazilian stock exchanges high volatility is intrinsically linked to the international influx of capitals, that is to say, we need to create a culture where national investors do believe in our country and its companies. Once we streamline our current market practices by guaranteeing its effectiveness, foreigners will feel more inclined to leave their capital allocated in Brazil as opposed to taking it out of the country in times of tax evasion. That is to say, we need to modernize Brazilian capital markets’ tools which are currently in use without ever forgetting to invest in the other end – to provide education to the national investor by stimulating him to become shareholders of trustworthy companies which aim at obtaining profits through hard work and the development of their businesses. There will be a day where interest rates will drop to reasonable levels and then, those who aspire to be better paid will opt for investing their savings in variable income.

We want to follow and witness the development of the Brazilian capital market. We aim at helping companies best communicate with the market once we believe that clear and straightforward communication is intimately linked to the appraisal of the assets. We want to help companies so that they no longer need to subject themselves to subjective or arbitrary impositions of regulatory agencies. We want to free our customs from unfair sanctions. We want to contribute to the improvement of corporate governance practices. We aim at helping brokerage companies better relate to their clients, avoiding bad or harmful practices which may be liable to civil liabilities.

We want to contribute to the education of investors by creating a healthier investment environment and, therefore, contribute to the economic growth of Brazil.

Constitutional Law, Administrative Law and Tax Law

This triad forms what we know as ‘the Law of the State’, one of our fields of expertise. In reality, we live in times of constitutionalism of values, a movement which aims at bringing together Law and Morals. Besides resuming the use of normative principles, this movement has set Constitutional Law at the heart of the Brazilian legal system, radiating its effects to all microstandardisation systems. Thus, the domain of constitutional institutes is not only an asset, but a real need.

In the helm of Administrative Law, we will be working alongside private institutions in order to safeguard them from unfair sanctions sanctioned by Brazilian public authorities. We will be fit for defending our clients against sanction policies from regulatory bodies such as the CADE (Conselho Administrativo de Defesa da Economia – Administrative Council for Economic Protection and Defense) and the CVM ( Comissão de Valores Mobiliária – Securities and Exchange Comission of Brazil), amongst others. We will be fully prepared to avoid imposed and/or arbitrary sanctions to our clients that are either arbitrary or lack legal objectivity.

Similarly, Tributary Law must advance in the direction of a greater specificity, focusing on specifications, that is to say, on the construction of approaches which take into consideration the peculiarities of each particular business and/or business operations.

Civil Law and Civil Procedural Law

We are equally prepared to help our clients on general matters regarding Civil Law, by capturing the very essence of each contract or/and transaction, as well as its consequences and the legal pathways available. Our firm founders have a solid experience on how to best apply existing Brazilian legal procedural instruments. On occasions, judicial litigation might be the only way to protect our clients’ interests and rights. When lack of … to compromise or to dialogue occurs, litigation is the only alternative to secure what is fair and just. In this case, the conduct in court must be sound, robust and strategically planned.

The force of a line of conduct does not reside in resorting to procedural violence, but in the pervasiveness of the arguments and in the ability to use procedural options. Rather than acting on impulse, the attorney must exercise the kind of prudence which is proper to the art of persuasion. We want to establish strategic partnerships with law firms which share our understanding of the legal profession, a partnership in which our law firm may serve as an alternative to partners seeking representation in appealing tribunals and higher courts. We are ready to provide qualified legal assistance at appellate and higher courts through briefs, oral arguments before courts, special and extraordinary motions and requests, interlocutory infractions, complaints and requests, and other procedural initiatives relevant to specific cases.

Creative Law and Negotiation Platform

To reflect about the world and human affairs may lead to the creation of new concepts and perspectives. In turn, new ideas foster new businesses avenues and hopes for the future.

We are organizing a department devoted to the development of creativity, intelligence and talent, which will take advantage of our professional network in order to build a multidisciplinary project involving different areas of knowledge aiming at implementing and/reaching new legal business ideas. The aim of this project will be to promote the efficient implementation of new businesses. For us, the concept of new businesses involves not only those that result in creative insights, but also those in need of innovative approaches to reorganize their entrepreneurial structure which became obsolete or stagnant.

We advise our clients to abandon deficitary markets, non - profitable products or too costly operations. We may suggest, if necessary, an administrative or judicial review of disadvantageous contracts, the reduction of cost chains, the establishment of new partnerships and the implementation of new working practices and routines. We aim at incorporating the vision of our clients firms’ and, based on the needs of each company, suggest new opportunities of development, always aiming at preserving or expanding its profitability.

We have knowledge and experience to participate in all types of judicial negotiating processes. We adopt the criteria indicated by the Program on Negotiation at the Harvard Law School, as well as those developed by other respected research centers focused that devote time to scientific business development. Our staff will receive additional training and attend courses on a regular basis in order to keep up to date with the latest intelligence developments and negotiation tools.

We shall explore intelligent solutions which truly preserve the real interests of all parties involved in the business processes, resorting to knowledge and diplomacy to best serve our clients.