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A regulatory lawyer in Brazil for companies that answer to a regulator
A new resolution can change the cost, timing and design of your operation. The time to act is before it takes effect, not after the first inspection.
Regulatory law is the body of statutes and technical rules that agencies and public bodies impose on sectors such as healthcare, telecoms, energy and betting. Talk to a regulatory lawyer in Brazil when a new rule affects your operation, when you need the regulator's formal position before launching a product, or when you want to take part in a public consultation.
A regulatory lawyer in Brazil follows the rules that an agency or public body imposes on your sector and turns each one into a business decision. ANS (health plans), ANATEL (telecoms), ANEEL (electricity), ANVISA (health surveillance) and the Secretariat of Prizes and Betting of the Ministry of Finance (SPA/MF) issue resolutions, ordinances and instructions that can change obligations overnight.
These rules do not stay on paper. They define what a company may sell, how it must inform customers, which data it must report and how long it has to adapt. A company that only learns about a rule during an inspection pays twice: for a rushed adjustment and for the penalty.
We see regulation as part of strategy, not as an annex to the legal department. That is why we work closely with product, operations and finance teams, read each rule alongside the people who will apply it, and use the channels opened by Law 13,848/2019 (Brazil's Regulatory Agencies Act) so the company is heard before the rule is final.
When to call a lawyer
New rule with a compliance deadline
The agency has published a resolution or ordinance that changes a company routine and set a date for compliance. It is still unclear who does what and how much it will cost.
Product or service in a grey area
You want to launch something the rules do not address clearly and need to know whether the regulator will see it as authorised, restricted or prohibited.
Open public consultation in your sector
The regulator has opened a consultation or public hearing on a draft that affects your business model, and the window to submit comments is short.
Requirements from more than one authority
The company answers to a federal agency, state bodies and the city government at the same time, with requirements that overlap or even contradict each other.
What happens when you leave it for later
- The adjustment is rushed, costs more and leaves no room to negotiate deadlines or interpretations with the regulator.
- The company loses the chance to shape the rule during consultation and ends up complying with a rule designed without hearing those who operate.
- Non-compliance becomes an infringement notice with a fine and, in some sectors, may lead to suspension of the authorisation to operate.
- Investors, partners and auditors start to see a regulatory liability, which weighs on contracts, funding rounds and corporate transactions.
How we work
Regulatory map
We identify the rules that apply to your activity, for each authority and level of government, and show what is in force, what is in transition and what is still under discussion.
Impact assessment
We match each requirement against the real operation: processes, systems, contracts and customer service. The result shows what changes, who acts and by when.
The regulator's position
When a rule is unclear, we prepare a formal query or request for clarification, where the authority provides that channel, so the company decides based on the official reading.
Rulemaking participation
We draft submissions to public consultations and hearings and follow the regulatory agenda, with technical and legal arguments that become part of the rulemaking record.
Ongoing monitoring
We track sector publications and alert you when something new affects the company, with a clear view of what to do and by when.
What you receive
- Map of applicable rules by authority and level of government
- Impact opinion with priorities and compliance deadlines
- Draft queries to the regulator and public consultation submissions
- Compliance plan with designated internal owners
- Periodic regulatory update for your sector
Why the firm
Practical reading of the rules
We turn resolutions and ordinances into business decisions: what changes, what it costs and who does it. No opinions that nobody can apply.
Experience in multi-layered markets
We work in betting, healthcare and public contracting, where the same operation may depend on a federal statute, a ministerial ordinance and an agency resolution at once.
Advisory work informed by litigation
The team that designs the compliance plan also handles defences. That helps record, from day one, the choices that will support the company if an inspector questions the interpretation adopted.
Illustrative scenario
Hypothetical scenario, for illustration only. A mid-sized health plan operator learns that the regulator has opened a public consultation on service rules that would require changes to its systems and to contracts with its provider network. The in-house legal team has no time to analyse the draft. The firm maps the impact with the operations teams, drafts a technical submission and proposes an internal compliance timeline in case the rule is approved. When the final rule is published, the company already knows what must change, who owns each step and which points still deserve a request for clarification from the regulator.
A hypothetical scenario, shown only to illustrate our method. Every case depends on its own facts.Frequently asked questions
What does a regulatory lawyer in Brazil do?
A regulatory lawyer in Brazil advises a company on the rules of its sector and represents its interests before the regulator. This includes interpreting resolutions, preparing queries, taking part in public consultations and planning compliance with new rules before they lead to an infringement notice.
What is the difference between a statute and an agency rule in Brazil?
A statute is passed by the legislature; an agency rule details how that statute is applied in the sector. The agency cannot create obligations contrary to the law, but its resolutions bind regulated companies and form the basis of inspections.
Can my company take part in a Brazilian regulator's public consultation?
Yes, any interested party may submit comments. Law 13,848/2019 made prior public consultation mandatory for draft rules of general interest issued by federal agencies. Well-reasoned submissions are recorded in the process and help shape the final rule.
How long does a company have to adapt to a new rule?
It depends on what the rule itself provides. Many resolutions include a transition period, and the LINDB (Decree-Law 4,657/1942, the general statute on applying Brazilian law), as amended by Law 13,655/2018, calls for a transition regime when a new interpretation imposes a new duty and this is indispensable. That is why it pays to read the rule as soon as it is published and plan the timeline with some margin.
Can I ask the regulator for its position before launching a product?
In many cases, yes. Several authorities accept formal queries or requests for clarification, and the LINDB directs authorities to provide legal certainty, including through answers to queries. Feasibility depends on the authority and the subject, and the question must be well framed so the answer supports the decision.
Do you work with companies outside Recife?
Yes. The firm is based in Recife and works across Brazil, with remote meetings and dealings with federal, state and municipal authorities. Federal regulation applies nationwide, so the company's location does not limit the work.
Related matters
Other matters in this area
Will a new rule change your operation?
Send us the resolution or ordinance that concerns your team. We will do an initial reading and point out the next step so the company can decide with clarity.