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Charities, Social business and Human rights

Brazil Law Firm of the Year – Chambers & Partners, 2020


  • With almost 20 years of expertise in the field, our professionals in the Charities, Social Business and Human Rights practice area have an extensive background in advising non-profit entities (associations and foundations) across a range of relevant issues, providing support in corporate restructuring, agreements, tax issues, and administrative proceedings. Our services cover many distinct areas including education, health care, culture, the environment, and the protection of human rights in Brazil and abroad.

     

    This practice area's scope encompasses any legal questions relevant to decision-making in projects regarding collective interest and social responsibility. Thus, we serve clients by providing legal assistance in structuring, and improving activities related to this matter.

     

    We have comprehensive expertise regarding Human Rights in corporate contexts, assisting in crisis management, training, preventive socio-environmental due diligence, and the development of codes of conduct and internal policies.

     

    Furthermore, we follow issues and progress in the market related to social business, as well as structuring endowment funds and profitable business models with social impacts.

     

    The main practice areas involved are:



    Corporate law
    - Creation of private associations and foundations, as well as legal assistance to manage activities carried out by these entities;

    - Implementation and structuring of corporate governance mechanisms, as well as planning and advising in corporate restructuring operations;

    - Preparation and drafting of agreements and other instruments for the interests of non-profit entities;

    - Structuring of endowment funds and other mechanisms aimed at long-term sustainability;

    - Enforcement of anti-corruption/compliance laws; and

    - Conducting preventive due diligence.

     

    Tax law
    - Legal advice on the applicability of tax regimes to entities, whether immunity or exemption;

    - Planning and counseling on the best use of tax benefits for organizations;

    - Representation before government agencies that apply tax benefits; and

    - Consultatation and representation in administrative proceedings, drafting defenses and appeals before local, state, and federal agencies.






  • Financing

    - Legal counseling and planning for better use of tax incentives (donations to non-profit entities that meet the requirements outlined in Brazilian laws and programs, such as Law No. 13,019/2014, Rouanet law, Audiovisual law, Sports law, healthcare incentive programs, local funds for children and adolescents' rights, and funds for elder rights);

    - Legal assistance for the development of revenue-generating non-core items that aim to ensure financial sustainability; and

    - Preparation and drafting of necessary contractual instruments before public authorities and private institutions for the application of tax incentives.

     

    Regulatory law
    - Legal counseling in obtaining qualifications conferred by public authorities, such as the Certification of Charitable Entities for Social Assistance (Certificação de Entidades Beneficentes de Assistência Social – Cebas), Civil Society Organization of Public Interest (Organização da Sociedade Civil de Interesse Público – Oscip), and social organizations (OS), as well as the representation before Brazilian competent agencies and authorities, such as the Ministry of Justice (MJ), Ministry of Citizenship (MC), Ministry of Education (ME) and Ministry of Health (MS);

    - Legal counseling on Law No. 13,019/2014 – Brazilian Regulatory Framework of Civil Society Organizations (MROSC);

    - Preparation, drafting, and negotiation of agreements and association with public authorities (management agreements, terms of cooperation, terms of promotion and collaboration); and

    - Management of public resources and assistance with accountability procedures before controlling agencies.

     

    Private social investment and profitable business initiatives with social impacts
    - Legal advice for the development of private social investment projects; and

    - Legal advice on structuring social business and developing impact investing funds (together with the Banking and Finance and Investment Funds practice areas).

     

    Social responsibility and Human Rights
    - Consultation for companies in the development or strengthening of their social responsibility and sustainability departments, minimizing risks, and identifying new opportunities;

    - Legal advice regarding the implementation of corporate human rights practices, analyzing risks, benefits, and opportunities; and

    - Assistance in crisis management, training, and preventive human-rights due diligence; and

    - Preparation and drafting of codes of conduct and internal policies.



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