Our standard is to give the best service, with clarity and objectivity.
GUIMARÃES PARENTE ADVOGADOS has an outstanding performance in the criminal defense of police investigations (Federal Police and Civil Police) and in criminal prosecution in Courts of First Instance, in Courts of Second Instance (Regional Federal Appelate Courts and State Apellate Courts), and in Superior Courts (Superior Court of Justice and Federal Supreme Court). It provides advice and monitoring in preliminary administrative proceedings and in proceedings carried out within the scope of the Prosecution Office, counseling, guidance, preparation of legal opinions, and responds to emergencies within the necessary response time.
The office handles any kind of crime, especially crime against the government, money laundering, crime against the tax law, crime against the financial system, criminal organization, drugs, sex crime, among others.
GUIMARÃES PARENTE ADVOGADOS acts in cases of misconduct in public office, filed when a public servant is accused of or suspect of dishonest acts, as provided by Law no. 8.429/92. Although it is a civil procedure, it is guided by the principles of Crimal Law and Criminal Procedure, which allows for high-quality performance and for a performance combined with the criminal charge the client may eventually face.
GUIMARÃES PARENTE ADVOGADOS acts in the implementation and improvement of criminal compliance systems for companies and institutions seeking management committed to ethics and legal rules.
But what is criminal compliance?
Criminal compliance is a system of corporate internal controls aimed at guaranteeing the institution’s commitment to the rules of criminal nature provided by the Brazilian Law and regulation agencies. In addition, compliance also includes the creation of instruments of internal investigation designed to learn about employees’ possible wrongdoings and to apply disciplinary sanctions.
Therefore, the services aim at guaranteeing that the company have mechanisms to avoid its involvement in crime related to its practice area, such as money laundering, cartel, crime against the government, fraudulent or reckless management, crime against consumers, among others.
The approval of new criminal laws (money laundering, antitrust violations) and of resolutions regulating several activities (Central Bank of Brazil – BACEN, Council for Financial Activities Control – COAF, Administrative Council for Economic Defense – CADE, among others) requires from the company a position different from that which has been practiced for many decades. It is necessary to know the rules, follow their constant changes and the changes in their interpretation to avoid problems due to their breach. This is why criminal compliance is important.
In order to do so, the company does not need to have its own criminal compliance department. It can opt for outsourced service so that, with the implementation of a suitable criminal compliance system, it can guarantee that the rules be observed and thus avoid or reduce the risk of administrative or criminal liability for the company and its managers, in addition to preventing harming its reputation.
In fact, the implementation of a system of criminal compliance varies from company to company, having as a guiding element its business activity and market. Among other procedures, we carry out an analysis of rules that regulate the company activity with a possible criminal impact and an investigation of the internal procedures of the company for the detection of the main risks of noncompliance with rules (interviews and analysis of statutes, regulations, and other documents). Subsequently, we present a compliance chart indicating the main risks and necessary procedures to eliminate or reduce them. We also establish internal regulations with rules and procedures to be observed by the employees and a prediction of investigation processes for legal and disciplinary infringements. Furthermore, if desired, there can be legal advice for training employees in criminal compliance.
Advisory and Litigious Civil Law
GUIMARÃES PARENTE ADVOGADOS acts in Civil Law, a branch of Private Law which deals with relationships between persons, natural persons or juridical persons, and their relationship with property in a preventive and litigious way, favoring our clients in matters of duties and contracts (sales contract, exchange, donation, lease, assignment of rights, loan, deposit, mandate, business management, insurance, security, review, and termination of contract, among others) and civil liability (action for damages deriving from wrongdoings, vehicle accidents, debt collection, among others).
GUIMARÃES PARENTE ADVOGADOS offers legal advice in bidding processes and administrative procedures, elaborating defenses and objections and monitoring the whole bidding process in order to protect the interests of companies. It also responds to legal demands involving bidding issues.
GUIMARÃES PARENTE ADVOGADOS acts in continuous tax consultancy and in the analysis of taxable operations, balance sheets, and financial statements. It checks tax reflections in product pricing, advises in matters concerning fiscal incentives, presumptive credits, objective and subjective tax exemptions. It seeks to recover, offset, and transfer tax credits.
Furthermore, aware of how complex the Brazilian tax legislation is and of its high cost for a company to carry out its commercial activity (the Brazilian tax burden ranks as the 14th highest one in the world, and the tax expenses may reach 30% of the gross revenue of a service company), GUIMARÃES PARENTE ADVOGADOS offers tax planning service, which consists of a technique aimed at reducing tax expenses in a legal way, which is called tax avoidance. It is, in fact, a right of every citizen, since the Estate allows a less costly option, but which can be, in many cases, technically more difficult to identify and implement. Therefore, it can be noted that it requires legal and accounting expertise.
In order to implement the methodology of GUIMARÃES PARENTE ADVOGADOS, it is necessary to know the work routine of the client business society deeply by analyzing financial statements, checking the tax objectives of the company based on its strategic planning, analyzing its Internal Control System, mapping its processes (routine), observing the procedures for accounting records, carrying out interviews with directors, managers, and employees involved in the main processes, dialoguing with the client with respect to expectations, demands, and doubts concerning Tax Planning, filing inquiries or making administrative claims to the Tax Authority in order to clarify doubts or excessive taxation, among others.
In the end, we prepare a detailed report containing suggestions for improvement based on accounting, legal, administrative or strategic measures.
Labor and Employment
GUIMARÃES PARENTE ADVOGADOS has notable specialization in Labor and Employment, including a constitutional approach, and counts on dedicated professionals in handling labor and employment causes in all levels of jurisdiction (Regional Apellate Labor Courts all over the country, first and second instances, Superior Labor Court, and Federal Supreme Court).
In addition, the office acts preventively with the Human Resources Department, auditing to prevent possible labor and employment claims and assists with collective bargaining.
GUIMARÃES PARENTE ADVOGADOS acts in the monitoring and elaboration of defenses in administrative claims before Professional Councils (Regional Council of Medicine, Regional Council of Dentistry, Regional Council of Nursing), of defenses in judicial processes concerning medical civil liability (actions for damages) and criminal liability (criminal actions), in the constitution of medical and hospital societies, and in the elaboration of constitutive acts and agreements between partners.
In addition, it offers legal advice for purchase and sale of hospitals, clinics, and medical societies and counts on medical advisors to assist in preparing technical defenses, preparing questions, and monitoring medical evidence.
GUIMARÃES PARENTE ADVOGADOS, in this particular legal branch, works with the National System of Rural Credit, the Financial System (negotiable instrument, maturity lengthening, and bank contracts), economic aspects concerning taxes (tax planning and excess paid taxes), foreign investment and contracts with suppliers, clients, and agrarians, with Environmental Law through agro-environmental revolution and the presentation of proposals of solutions to legal problems via alternative means, and with the Bioelectricity Sector.