- Home
- Practice areas
- Administrative and Regulatory Law
Administrative and Regulatory Law
Companies in regulated sectors answer to two audiences: the market and the regulator. We prepare you for both.
Infringement notices, requests for information, enforcement proceedings and licence conditions come with short deadlines and consequences that go well beyond the fine: suspension of activity, debarment from public contracts and reputational damage.
We act before federal, state and municipal authorities and before Brazilian regulators, in administrative defence, in obtaining and maintaining licences, and in building compliance programmes that reduce the chance of the problem coming back.
What we handle in Administrative and Regulatory Law
Choose a matter and see how we work, what you receive and the most common questions.
Regulatory Affairs
Reading your sector's rules, engaging with the regulator and adapting to new requirements before inspections.
See matterGovernment Relations
Replies to official letters, licence applications and meetings with authorities, with agenda, evidence and records.
See matterAdministrative Defence
Defence against infringement notices and appeals in sanctioning proceedings before agencies and authorities.
See matterCompliance
Integrity and regulatory compliance programmes sized to the business, with evidence ready for inspections.
See matterHow we work
Defence in administrative enforcement proceedings
Defences, appeals and applications for reconsideration before authorities and regulators, with attention to due process and to the proportionality of the sanction under Law No. 9,784/1999 (Brazil's federal administrative procedure act).
Licences, authorisations and accreditations
Preparation of the applications, responses to requirements and follow-up until the decision, including appeals where the request is refused.
Formal consultations and dialogue with the regulator
Drafting of formal queries and participation in public consultations, so the company can obtain the authority's position before taking on operational risk.
Regulatory compliance
Mapping of the obligations that apply to your sector, internal policies, training and an evidence routine, so that compliance can be demonstrated rather than merely declared.
Going to court once administrative remedies are exhausted
Writs of mandamus and other claims against unlawful administrative acts, with urgent relief where the operation is at risk.
Why work with us
Practice in highly regulated sectors
We act in betting and gaming, healthcare and public procurement, environments where the rules change fast and the reading has to be kept current.
A defence built from the first reply
The opening administrative defence is written with the appeal and the eventual court challenge already in mind, which preserves arguments and evidence.
Prevention backed by evidence
Compliance programmes designed to generate an auditable record, because that record is what sustains the defence when inspectors arrive.
Frequently asked questions
How long do I have to file a defence in a Brazilian administrative proceeding?
At federal level, Law No. 9,784/1999 sets a general deadline of ten days to respond, unless the sector's own legislation provides otherwise. State bodies and regulators have their own rules, so the first step is always to confirm the deadline stated in the notice.
Can I go straight to court without appealing to the regulator first?
Yes, access to the Brazilian courts does not depend on exhausting administrative remedies. Even so, the administrative defence is usually worth filing, because it can end the matter sooner and because it builds the evidence that will be used in court.
Does an administrative appeal suspend the fine?
In many cases it does, because the sector's legislation gives the appeal suspensive effect. Where it does not, it is possible to request suspensive effect or to seek a court order preventing enrolment of the debt while the dispute is pending.
What does regulatory compliance look like in practice?
It is the set of policies, controls and records that show the company meets the obligations of its sector. In practice it means having a map of the applicable rules, named owners, training and documentary evidence of each routine the regulator requires.
Do you act before Brazilian federal regulators?
Yes. We handle proceedings and applications before federal, state and municipal authorities and agencies, remotely and in person where needed, with particular focus on betting, healthcare and public procurement.
See also
Received a notice or need a licence in Brazil?
Talk to our team as soon as the clock starts. A solid defence needs time to gather evidence.