Legal Guides – D&Q Lawyers
D&Q Lawyers · Legal Guides

Guides to Brazilian Law
for businesses, investors and parties involved in disputes

Plain-language guides on Brazilian and cross-border law, prepared by our lawyers for companies and individuals operating in, into, and out of Brazil.

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Practical legal guides on the matters that matter most to foreign investors.

Our guides provide clear explanations of complex Brazilian regulatory, tax, and transactional matters. They are written for foreign investors, multinationals, and individuals dealing with Brazil-related legal questions.

Each guide covers the applicable legal framework, practical steps, key risks, and relevant legislation. For advice specific to your situation, contact us.

Entering the Brazilian market

Guides for companies and individuals looking to establish a presence or commercial relationship in Brazil.

Legal services

How to choose a Brazilian lawyer

Practical guidance on selecting legal counsel in Brazil, including the OAB registration system, the difference between advogados and international firms, red flags to watch for, and what to expect from a well-structured engagement.

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Corporate

Set up a company in Brazil

A step-by-step guide to incorporating a business in Brazil, covering the main legal forms (Ltda. and S.A.), registration requirements, capital rules, and the role of the foreign shareholder's legal representative.

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Commercial agency

Appointing an agent in Brazil

Explains the mandatory provisions of Law 4,886/1965 governing commercial representation, the agent's right to compensation on termination, and how to structure agency arrangements to manage risk and comply with Brazilian law.

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Distribution

Appointing a distributor in Brazil

Covers the legal framework for distribution agreements under Brazilian law, including the distinction between distribution and agency, exclusivity clauses, termination rights, and key contractual protections for foreign suppliers.

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Real estate

Purchasing real estate in Brazil

A practical guide to buying property in Brazil as a foreign investor, covering due diligence, transfer taxes (ITBI), registration at the Land Registry, CPF requirements, rural land restrictions, and currency control obligations.

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Agribusiness

Foreign land ownership in Brazil

Covers the STF's landmark ruling in ADPF 342 & ACO 2,463, which confirmed that Brazilian-incorporated companies under foreign control are subject to the restrictions in Law 5,709/1971, including the look-through test, INCRA notification requirements, the 25% municipal cap, and the structures available to foreign investors in the agribusiness sector.

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Employment

Brazilian employment law: a guide for foreign companies

Covers the CLT, mandatory employment benefits, FGTS, the 2017 Labour Reform, risks of labour characterisation (including pejotização), and the key considerations for multinationals hiring or restructuring in Brazil.

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Mining

Brazilian mining law: a guide for foreign companies

Introduction to Brazil's mining regulatory framework under the Mining Code and ANM rules, covering exploration authorisations, mining concessions, the CFEM royalty regime, environmental licensing, and considerations for foreign investors.

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Tax, customs and regulatory guides

Overview guides on Brazilian taxation, customs compliance, capital flows, data privacy, employment, and sector-specific regulation.

Taxation

Brazil tax guide

A overview of the Brazilian tax system for foreign investors and businesses, covering corporate income tax (IRPJ and CSLL), PIS/COFINS, ICMS, ISS, withholding taxes, and the main compliance obligations.

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Tax reform

Brazil's tax reform: what every business needs to know

Explains the landmark consumption tax reform, including the replacement of PIS, COFINS, IPI, ICMS, and ISS with the new CBS, IBS, and Imposto Seletivo, and what the transition means in practice for companies operating in Brazil.

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Capital flows

Brazil capital repatriation guide

Covers the regulatory and tax framework for repatriating capital from Brazil, including the foreign investment registration system under Law 14,286/2021, BACEN requirements, and the treatment of dividends, loan repayments, and divestment proceeds.

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Beneficial ownership

Disclosure of UBOs to the Brazilian Revenue Department

Guide to the ultimate beneficial ownership disclosure obligations under IN RFB 2,290/2025, including who must register, the applicable thresholds, deadlines, the registration process, and penalties for non-compliance.

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Customs

Brazil's Authorised Economic Operator (OEA) Program

A practical guide to Brazil's AEO certification program under IN RFB 2,318/2026 and Portaria COANA 187/2026, covering the three OEA-C levels (Essencial, Qualificado and Referência), eligibility criteria, the certification process, and the program's Mutual Recognition Agreements with 20 customs administrations worldwide.

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Data privacy

General Data Protection Law guide (LGPD)

An overview of Brazil's Lei Geral de Proteção de Dados (Law 13,709/2018), covering its territorial scope, legal bases for processing, data subject rights, obligations of controllers and operators, and the enforcement role of the ANPD.

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Trade

EU-Mercosur Free Trade Agreement

An overview of the EU-Mercosur Association Agreement, including the main tariff concessions, rules-of-origin requirements, services and investment provisions, and the outlook for ratification and entry into force.

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Dispute resolution guides

Guides on enforcing rights and resolving disputes involving Brazil.

Litigation

Enforcing a foreign judgment in Brazil

Explains the homologação process for recognition and enforcement of foreign judgments in Brazil through the Superior Tribunal de Justiça (STJ), including the applicable treaty framework, documentary requirements, and procedural steps.

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Litigation

Litigating in Brazil

An overview of the Brazilian civil procedure system for foreign parties, covering the structure of the courts, the role of the advogado, procedural timelines, enforcement of judgments, and practical considerations for companies involved in Brazilian litigation.

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Arbitration

Arbitrating in Brazil

Covers the Brazilian arbitration framework under Law 9,307/1996, including the enforceability of arbitration clauses, the main arbitration institutions operating in Brazil, the recognition of foreign awards under the New York Convention, and practical tips for international parties.

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Cross-border litigation

Assisting parties in U.S. disputes

Explains how D&Q assists parties in U.S. proceedings that involve Brazilian elements, including obtaining evidence in Brazil under 28 U.S.C. § 1782, serving process, providing expert evidence on Brazilian law, and coordinating parallel proceedings across jurisdictions.

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Need advice on your specific situation?

Our guides provide general information only. Contact us for advice tailored to your transaction or circumstances.

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