Business Corporations Law

Corporation Constitution, changes to the Articles of Association, Legal Opinions.

 

Business or Corporate Law is a field of the private law, which may be perceived as the set of disciplinary standards of the entrepreneur's activity, and of any physical or legal person, destined to economic nature purposes, as long as these are regular, and directed to the production of goods or services leading to property or lucrative results, and exercising with the "company's" own racionality. It is a special field of the private law. In Portugal, refer to Portuguese commercial law - it governs the actions perceived as commercial.

Thus, commercial law scopes a wide set of subjects, including obligations of entrepreneurs, corporations, special commercial contracts, loan bonds, intellectual property, among others.

 

Criminal Law

Defense of cases of Criminal and Misdemeanor nature;

 

The ethical and social demands for the full guarantee of the respect for the individual's human rights are in force in contemporary Criminal Law. Thus, the defense of the respect for human dignity (principal of the human dignity and humanity of sentence), the strictly personal nature of the sentence (principal of personality), the necessary respect for the principal of proportionality, for the character of the wide and contradictory defense (principal of the due legal process) of the criminal evidence, are mandatory.
One should keep in mind that Criminal Law, due to the fact that it is the most burdensome mean of social control, should always be used as a last resource (ultima ratio), and always according to the social interest, and therefore, not to be used as an instrument of repression at the service of the government, as it is the case in Police states.
As Criminal Law is the "ultima ratio", it should not be moved to repress illegal acts which are insignificant to the society, strictly private and without value to a local society. This means that the Crime must necessarily be an illegal conduct which generates any legal damage, public or private, capable of generating a collective rage, in order to focus the Judiciary Power to apply the due legal process. Criminal Law should not be used to punish crimes such as, for example: food thefts in small amounts due to the fact that the burglar was hungry. The Principals of Insignificancy and Proportionality should be invoked for the analysis of crimes and sentences.

 

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Legal Advice

 

  • Criminal Law
  • Labor Law
  • Family Law
  • General Civil Law
  • Contract and Proxy Elaboration
  • Contacts with Notary Public Offices, Public Registry Offices and Other Public Offices
  • Legal Appointment

Family Law

Regulation of parenthood power, food pensions, inventories, defend divorces, mutual agreement divorces, equitable and extrajudicial distributions;

 

Family Law is the legal field containing legal standards related to the structure, organization and protection of the family. It is the legal branch that takes care of the family relationships and of the obligations and rights related to those relationships.
In Portugal it is regulated in the fourth book of the Civil Code.
This matter is regulated in the Brazilian Civil Code of the 10th of January of 2002, on articles 1.511 to 1.783 (Book IV - Of family law) and from 1.784 to 2.046 (Book V - Of the right of successions).
It also regulates the need for a contract between partners (concubines), property policy and its mutability, among other matters.
Also part of this legal field, although not implemented (published as written standard), is the one related to betrothal - the phase prior to marriage, known mostly as engagement and which may generate legal effects.

 

Labor Law

Labor contracts elaboration, labor contracts cancelation, support to human resources departments, labor accidents actions, legal opinions on labor situations;

 

Labor Law is the set of legal standards which govern the relationships between employees and employers, it represents the rights resulting from the legal condition of the workers. In Brazil, these standards are governed by the CLT (Consolidação das Leis do Trabalho - Labor Laws Consolidation), the Federal Constitution and several other Laws, such as the law defining the work of a trainee, among others).
It is an authentic expression of legal humanism and an instrument of social renovation. It represents an attitude of intervention in search of a better relationship between those who work and those to whom work is destined. It also aims to establish a platform of basic rights. Thus, the definition of Labor Law is the set of standards and principals governing the relationship between employee and employer.
According to Hernainz Marques, professor of Labor Law, it may also be classified as "A set of legal standards governing work relationships, their preparation, development, consequences and complementary institutions of the personal elements who intervene on them." It is not only about the set of laws, but of legal standards, among which, the collective contracts, and not only does it regulate the relationships between employees and employers in a labor contract, but it starts at its preparation, through learning, to the complementary consequences, such as the professional organization.

 

Civil Law in General, including the scope of horizontal property

Elaboration of condominium regulations, elaboration of minutes, defense of legal processes;

 

Civil Law is the main branch of private law. It is the set of standards (rules and principals) that regulate relationships between private entities, which are in a situation of balancing conditions. Civil Law is the peoples' every day right, in their private quotidian relationships.


The rest of the private law's branches (such as labor law, business law and consumer law) find their origins in civil law, from which they separate themselves from in order to govern certain categories of legal relationships, with the specific goal of, for example, finding protection for one of the parts, presumably weaker than the other in the mandatory work and consumption relationship (such is the case of the worker and the consumer), or to provide special treatment to certain activities due to their relevant social and economical function (such is the case of business and corporate activity).


Civil Law has the purpose of establishing regulatory standards to govern legal relationships of physical and legal persons. Therefore, it establishes the terms on which the members of a community establish legal relationships between them, in several scopes and senses.


The main body of objective standards of civil law, in the Brazilian Legal System, is the Civil Code (Law no. 10.406, of the 10th of January 2002), which is divided in two parts: the general and the special.


The Civil Code regulates matters related to people, legal acts and business, property and rights related to property, obligations, contracts, family and successions (those who property is attributed after someone's death). It also establishes the judicial people's regime, both of civil nature as of those who act within the scope of business law or corporation law.


The application of the Civil Law's standards, within the judicial process scope, is regulated by the Civil Process Code.

A preliminary draft of the new Civil Process Code is currently under discussion.

 

Contact
Dulce Thudichum-Advogada
(Alvalade)
Lisboa - .: Legal Advice


Civil, Commercial, Criminal, Family, Labor, Minors, Solicitors, Lease

Avenida de Roma 86,1º-E
1700-351 LISBOA
( Alvalade )
210 462 980
218 428 468