- São Paulo - SP
- contato@francoguimaraes.adv.br
Menu
Our team has the necessary expertise to conduct an in-depth analysis of the origin of court-ordered debt payments and judicial assets, before acquisition. We assist investors in acquiring and disposing of credits, ensuring security, transparency, and agility during the process.
We carry out a full audit of the asset, from the credit analysis to the creditor analysis — known as know your client —, in which a diagnosis of the financial and fiscal health of the person selling the asset is made, in order to avoid future problems that could generate some credit addiction. The diligence guides the decision-making by the investor, facilitating the pricing of the asset. For more than a decade, our diligence has been helping investors to buy and, above all, receive their court-ordered debt payments quickly and safely.
The expertise developed over years of working in the court-ordered debt payments market gave the firm the necessary know-how to work in the administrative spheres and, with that, carry out tax offsets with credits quickly and effectively. In addition to these actions, our team also seeks intelligent solutions for the preparation of opinions, filing of actions against Public Bodies, strategic tax planning, and management of tax liabilities.
The office’s performance in the business area ranges from consulting and assistance in carrying out business and transactions to the drafting of contracts of varying degrees of complexity and need, given the client’s objectives and risk prevention before, during, and after the negotiations.
We provide legal advice to companies for the preparation of a personalized Compliance project. The compliance project covers policies, rules, and internal and external controls, and aims to adapt business activities, together with the parties involved — employees, suppliers, and service providers —, to current legislation, seeking to mitigate risks. We work at all stages of the process, with the necessary planning in areas that may present irregularities that may affect the company’s performance and reputation, to provide a safe business environment.
Our office has extensive experience in this area, and it is qualified to serve clients in the most diverse requests, such as:
With the enactment of the Brazilian General Data Protection Law (LGPD) and the provision for the application of fines and restrictions, it became necessary for entrepreneurs to adapt to the new legislation. Faced with this new reality, we expanded our operations and started to encompass this specialty within the team’s scope of work.
In this sense, the Franco Guimarães Office provides specialized advice so that the performance of clients in the digital environment complies with current legislation, safely and transparently, to avoid or settle possible sanctions and lawsuits.
Among the issues addressed in this area, the following stand out:
Our team is qualified to advise clients on issues related to the Right to Health. We provide complete support to effectively enforce laws in favor of the health of the population in general – which includes the activities of health professionals and institutions —, covering actions that include health plans, discussion of abusive readjustments, actions in the face of the public authorities (Union, states, and municipalities) to obtain medicines, treatments, home care, surgeries and other demands that involve the constitutional right to health.
The action is aimed at the activities of health professionals and institutions. Our team assists in defending the interests of healthcare workers — doctors, physiotherapists, dentists, and nurses, among others — based on guidance regarding the legal rules that regulate the practice of these professionals.
Some issues addressed in this area:
Acting in the defense of the client in matters related to social security law, both in the administrative and judicial spheres. Our team proposes legal solutions in this area, such as:
The review of retirement, pension, or assistance benefits is carried out after the grant has been obtained. In addition, the team works to correct and restore pensions when they are unduly interrupted.
Our office assists people and communities in vulnerable situations, without charging fees. Pro bono advocacy is encouraged in the world of law, and we at the Franco Guimarães Office believe in the potential of these actions as a tool for the personal and professional growth of our legal team.
The main demands met by the firm in this segment are actions in the area of family law; actions dealing with consumer rights; requests for injunctions for the provision of medications, treatments, and medical operations; tax exemption requests, and other measures that may be necessary to resolve the issues presented to us.
With the practice of pro bono law, we seek not only to help the population in the solution of legal issues but also to add value to the work of the Franco Guimarães Office before society.
Legal advice for carrying out the agreement to anticipate the receipt of the court-ordered debt payments. We work on the regularization of the court-ordered debt payments, to make them suitable for the parameters of the public notices accordingly. The agreement is a good option for those who wish to anticipate the value of the court-ordered debt payment, with the application of a previously stipulated discount, and may resolve the issue of delay in payment.
Some states of the federation regulate the procedure for anticipating the receipt of payment of court-ordered debt payments. The direct agreement for anticipation, edited by the State, Municipal, and Union Attorneys, provides for the application of a discount on the updated value of the credit. Our team has the necessary expertise to enable the agreement procedure with the State, Municipal, and Union Attorneys.
The tax compensation of court-ordered debt payments has been increasingly used, as it is a safe way to pay taxes that can generate savings for companies.
We offer our clients the necessary advice to analyze the legislation of each entity of the Federation, verifying the regulation and the conditions in force for the realization of the offsetting of tax debts with court-ordered debt payments.
Our team has proven expertise to follow the entire procedure, from the acquisition of the court-ordered debt payment to the conclusion of the tax debt offset.
In this area, we act both in the defense of workers and in the defense of companies, providing complete legal advice.
As for the employees, we analyzed the feasibility of filing a Labor Claim. Regarding companies, we proceed with the analysis and guidance of the cost/benefit of proceeding with a lawsuit; the possibility of entering into an agreement; contract review; complete advice for working safely with employees; which includes explanations about the provisions of the CLT (Consolidation of Brazilian Labor Laws), assumption of labor claims already in progress, holding of hearings, judicial and extrajudicial agreements.
Copyright 2023 © Franco Guimarães | Todos os direitos reservados
