Commercial Litigation

Business disputes handled with strategy and predictability

Civil and commercial litigation for companies operating in Brazil

A lawsuit affects cash flow, reputation and management time. Before filing anything, we assess the real risk, the likely cost and the settlement options, so the company can decide on an informed basis.

When to call a litigation team
1

The company has been served and the deadline to respond is already running.

2

A customer, supplier or partner breached a contract and negotiations have stalled.

3

A fast court order is needed to prevent harm, such as freezing a debtor's assets.

4

There is a risk that the dispute will reach the partners' personal assets.

TJSP
Litigation before the São Paulo State Court and the higher courts
CPC
Procedural strategy under the Brazilian Code of Civil Procedure
ADR
Negotiation, mediation and arbitration as alternatives to court
Our approach

Litigating is a business decision,
not only a legal one

Commercial litigation at Pilli & Fanucchi starts with a simple question: what does the company gain, and what does it risk, on each possible path? The answer guides the strategy from the first filing, whether we are defending, collecting or negotiating.

We review documents, contracts and available evidence, estimate the financial exposure and present scenarios in business language. When settlement is the best option, we negotiate on solid technical grounds. When it is not, we litigate firmly at every level of the court system.

The team brings together partners and associates experienced in civil procedure, shareholder disputes and high-volume litigation, covering both strategic cases and portfolios of repetitive claims.

Diagnosis before argument

Every case starts with a close reading of the contract, the evidence and the history of the relationship. Legal arguments come next, built on what can actually be proven.

Cost and risk in numbers

Each case receives an estimate of exposure and likely duration, so that decisions to litigate, appeal or settle are made with predictability.

Organized high-volume litigation

For companies facing many similar lawsuits, we standardize defenses, control deadlines and deliver periodic portfolio reports.

Services

What we do for your company

Defense and filing of lawsuits from first instance to the higher courts, with a business-oriented strategy.

01

Civil and commercial lawsuits

Acting as plaintiff or defendant in collection, damages, contract termination and specific performance actions, from first instance to the higher courts.

02

Injunctions and urgent relief

Preliminary orders to protect the company's assets and operations, such as asset attachment, suspension of protests and suspension of harmful acts.

03

Business civil liability

Defense and filing of damages claims involving material and moral damages and loss of profits arising from business activities.

04

Shareholder disputes

Disputes between partners, partial dissolution of companies, valuation of equity interests, expulsion of partners and liability of officers.

05

Piercing the corporate veil

Defense of partners and group companies in veil-piercing proceedings, and action to reach the assets of debtors in cases of abuse.

06

Appeals and higher courts

Appeals, briefs and follow-up of judgments before the São Paulo State Court, the Superior Court of Justice (STJ) and the Supreme Federal Court (STF).

07

Mediation and arbitration

Representation in mediation and arbitration proceedings and drafting of dispute resolution clauses.

08

High-volume litigation management

Handling of portfolios with large numbers of similar lawsuits, with standardization, deadline control and management reports.

First conversation

Has your company been served or is it facing a dispute?
Assess the risk before the next step.

In a first conversation, we review the available documents, the running deadline and the possible paths, including negotiation.

Talk to the team →

Service via WhatsApp, in English or Portuguese

Frequently asked questions

Questions about Commercial Litigation

In the ordinary procedure, the defense must be filed within 15 business days, counted, depending on the case, from the conciliation hearing or from the filing of proof of service. Missing the deadline may lead to default, so we recommend seeking counsel as soon as the summons arrives.
Yes. Urgent relief may be granted when there is evidence of the likelihood of the right and of a risk of harm or to the useful outcome of the proceeding. It is the tool used, for example, to freeze a debtor's assets or suspend an act causing immediate damage.
As a rule, no: the company's assets are separate from those of its partners. The exception is piercing the corporate veil, allowed by the Brazilian Civil Code in cases of abuse, such as misuse of purpose or commingling of assets, and which requires a specific proceeding, with the right of defense, before reaching the partners' assets.
When the cost and risk of continuing exceed the amount the company expects to obtain or avoid. We assess evidence, case law, estimated duration and cash impact to indicate whether, and on what terms, a settlement is advantageous.
It depends on the contract and the type of dispute. Arbitration usually offers confidentiality, specialized arbitrators and a faster decision, but has higher upfront costs. It is only available when the parties choose it, usually through a contract clause, and for disposable property rights.

Before the next step in the dispute, a conversation.

Talk to the Commercial Litigation team at Pilli & Fanucchi.

Meetings in Campinas or by videoconference, in English or Portuguese.

Contact

Talk to our team

How the first contact works

1

You describe the situation

Tell us briefly about your company and its main question or need.

2

Our team gets in touch

We schedule a call, a videoconference or an in-person meeting.

3

You receive initial guidance

We indicate the possible paths and, if appropriate, present a fee proposal.

Briefly describe your company's need. One of our lawyers will get in touch.

Your information will be treated confidentially, under our Privacy Policy and attorney-client privilege.

Other practice areas

Explore our other legal services

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