Business and Investment in Brazil: Law and Practice

Business and Investment in Brazil provides a thorough analysis of Brazilian business law for investors and their legal advisers, focusing on topics relevant to business transactions and disputes. It highlights the legal risks, particularly in contract, partnership, and company (LLC) laws, but also notes that Brazilian law in other areas, such as stock corporation, capital market, antitrust, and public procurement, is state-of-the-art when compared to the US and leading European laws. The book is divided into eight chapters, providing an overview of the economic and legal framework for doing business in Brazil and analyzing substantive law that impacts investments and cross-border transactions. It also provides insights into the economic and business rationale of legal solutions offered.

Format: Hardback
Length: 560 pages
Publication date: 21 April 2022
Publisher: Oxford University Press

Business and Investment in Brazil is a comprehensive guide that provides a thorough analysis of Brazilian business law for investors and their legal advisers. It focuses on topics relevant to business transactions and disputes that can arise in the aftermath of signing or performing deals. The essence of investment and negotiation processes lies in risk evaluation and allocation.

Examining Brazilian law through the eyes of an international transaction lawyer, Peter Sester, highlights the legal risks that are higher in Brazilian law compared to other jurisdictions, particularly in comparison with contract, partnership, and company (LLC) laws governing international business transactions in the US and UK. However, it is worth noting that while Brazilian contract law remains a risk factor due to its over-ambitious and consequently interventionist approach, Brazilian law in the areas of stock corporation, capital market, antitrust, and public procurement is state-of-the-art when compared to the US and leading European laws in Germany, Switzerland, and France.

This book is divided into eight chapters:

The introduction provides an overview of the economic and legal framework for doing business in Brazil, focusing on features of the Brazilian legal and economic order that may be unusual to international practitioners from a comparative perspective.

The other seven chapters analyze those fields of substantive law that impact most investments and cross-border transactions in Brazil. They include important historical and economic context such as inflation indexation and the broad use of good faith, as well as explorations of common legal pitfalls such as the limited scope of freedom of contract and its mandatory provisions.

The book emphasizes the interpretation of statutory law by the Brazilian Superior Court of Justice and regulatory agencies.

In conclusion, Business and Investment in Brazil is a valuable resource for investors and legal advisers seeking to navigate the complex legal landscape of Brazil. It provides a comprehensive analysis of Brazilian business law, highlighting the legal risks and opportunities that arise in business transactions and disputes. By examining Brazilian law through the eyes of an international transaction lawyer, the book offers insights into the unique features of the Brazilian legal and economic order and how they can impact investments and cross-border transactions. Whether you are a seasoned investor or just starting in the Brazilian market, this book will help you understand the legal framework and make informed decisions about your business ventures in Brazil.

Weight: 1130g
Dimension: 178 x 254 x 42 (mm)
ISBN-13: 9780192848123