- Home
- Practice areas
- Complex Litigation
- High-Complexity Disputes
Complex litigation in Brazil calls for a plan, evidence and a team
When a conflict involves many parties, technical evidence and several fronts, the case must be managed as a project, under a single strategy.
Complex litigation is a dispute that combines many parties, heavy technical evidence, several areas of law or parallel fronts in courts, government agencies and arbitration. Engage a lawyer when the case requires expert evidence, involves corporate groups or may multiply into other lawsuits, because early choices define the cost and direction of the whole conflict.
Complex litigation in Brazil is not measured by the amount in dispute alone. It is recognized by a combination of factors: many parties, decisive technical evidence, different areas of law in the same conflict and rulings that affect other contracts, cases or markets.
These cases have their own dynamics. Expert evidence often weighs heavily on the outcome, the volume of documents requires method and the same issue may arise in several lawsuits at once. The Brazilian Code of Civil Procedure (CPC, Law 13,105/2015, which governs civil lawsuits) provides tools for this, such as the incident for resolution of repetitive claims, known as IRDR (art. 976), and early production of evidence (art. 381), but they only work when used at the right time.
Our approach is managerial. We build a team by subject matter, organize the evidence in a single database and keep one strategy across all fronts. The client knows who is responsible for each part of the case and what is being decided at each moment.
When to call a lawyer
Expert evidence will weigh on the outcome
Engineering, accounting, technology or environmental issues: when the judge relies on the court expert, the questions put to the expert and the party's technical assistant become as important as the brief.
Many parties and corporate groups
A request to pierce the corporate veil, joint liability claims or the inclusion of shareholders and affiliates extends the risk beyond the defendant company.
The same issue in several lawsuits
Similar lawsuits arise in different jurisdictions. Without coordination, conflicting rulings pile up and an isolated loss becomes a reference against the company.
Judicial, arbitral and administrative fronts
A contract with an arbitration clause, an agency proceeding and a lawsuit on the same facts require a single narrative and a single view of risk.
What happens when you put it off
- Preclusion of evidence: questions and technical assistants not designated in time leave the expert examination without effective technical scrutiny.
- Missed deadlines: with deadlines running in different proceedings, the lack of centralized control multiplies the chance of missing one.
- Freezing of shareholders' and affiliates' assets: the veil-piercing incident (arts. 133 to 137 CPC) can reach assets outside the defendant company.
- Adverse precedent: a legal thesis set in an IRDR or in a repetitive appeal guides all other cases on the same issue (art. 927 CPC).
How we work
Conflict mapping
Survey of all fronts, parties, contracts and deadlines, identifying what is central and what is ancillary.
Team by subject matter
A team drawn from the areas of law involved and, when needed, outside technical specialists appointed as assistants.
Evidence management
Document organization in a single database, preparation of questions to the expert, appointment of a technical assistant within the period of art. 465 CPC and follow-up of the examination.
Coordination of fronts
One strategy for lawsuits, arbitrations governed by Law 9,307/1996 (the Brazilian Arbitration Act) and administrative proceedings, with compatible arguments.
Monitoring and review
Milestone meetings, scenario updates after each relevant decision and a clear recommendation on settlement, appeal or continuation.
What you receive
- Conflict map with fronts, parties, deadlines and owners
- Technical evidence plan with expert questions and assistant profile
- Centralized deadline control across all fronts
- Risk matrix per front, useful for accounting provisions
- Milestone reports for management, the board and auditors
Why the firm
Project management method
Defined schedule, milestones and owners, with formal strategy reviews throughout the case.
Technical evidence as a priority
Expert questions and opinions receive the same care as legal briefs, because many of these cases are decided in the expert examination.
Single point of contact
A responsible partner consolidates information and speaks with the company in business language.
Illustrative scenario
Hypothetical scenario, for illustration only. A developer faces lawsuits from buyers in different jurisdictions, an arbitration with the main contractor and a veil-piercing request that reaches the group's holding company. Each case has a different lawyer and arguments that do not connect. In this scenario, the first step would be to bring all fronts into a single map and define the central technical theory on the origin of the defects. The expert evidence would be prepared with a technical assistant and common questions, and the holding company's defense would follow its own track. The outcome would depend on the evidence and the adjudicators. Coordination would reduce contradictions and avoidable costs.
A hypothetical scenario, shown only to illustrate our method. Every case depends on its own facts.Frequently asked questions
What is complex litigation in Brazil?
It is a conflict that combines many parties, decisive technical evidence, several areas of law or parallel fronts. A high amount in dispute is common but is not the only criterion. What defines it is the need for coordinated management and a multidisciplinary team.
How does expert evidence work in complex cases?
The judge appoints a court expert, and the parties may appoint technical assistants and submit questions (art. 465 CPC). The assistant follows the work and may disagree with the report in a separate opinion. For this reason, choosing and preparing the assistant should start early.
Can shareholders be held liable for a company's debts in Brazilian courts?
Yes, in the cases set by law, through the incident for piercing the corporate veil (arts. 133 to 137 CPC). The Brazilian Civil Code (Law 10,406/2002) allows veil piercing in cases of abuse, such as misuse of purpose or commingling of assets (art. 50). The shareholder has the right to a defense before the decision.
What is an IRDR and how can it affect my company?
IRDR is the incident for resolution of repetitive claims under art. 976 of the CPC. It applies when many cases raise the same legal question and there is a risk to equal treatment and legal certainty. The thesis set becomes binding on cases on that subject within the court, so early participation matters.
Can part of the conflict be taken to arbitration?
Yes, if there is an arbitration agreement and the rights involved are disposable property rights, under Law 9,307/1996. The same law allows arbitration with the public administration on those rights. Choosing between arbitration and the courts should consider cost, confidentiality, expertise and time.
Is it worth centralizing similar lawsuits with one law firm?
In most cases, yes, because it avoids contradictory arguments and simplifies control of deadlines and risk. Centralization also reveals patterns and allows action on the root cause of the conflict. When the client prefers a mixed structure, we maintain technical dialogue with the other firms.
Related matters
Other matters in this area
Does your case have several fronts at once?
Send us the list of lawsuits and proceedings. We will build the conflict map and set priorities for each front.