Private International Law

Globalization has intensified commercial, personal and intellectual exchanges among countries and has brought to the municipal systems several economic, familiar and legal benefits. Meanwhile, the same international phenomenon has brought to light unprecedented challenges regarding not only territorial law enforcement, but also in respect to the jurisdictions of both internal and foreign courts in the assessment of legal demands which fall outside the traditional legal systems of States.

The private branch of International Law deals with legal relations established between individuals of different nationalities and/or of different domiciles, in such a way that international advocacy carries a singular role in solving these issues through a harmonic dialogue between different legislations.

Family Law and International Succession

Preventive, consultative and litigant services of international advocacy in cases that involve family law and international succession have become fundamental. Since the intensification of exchanges of goods and people transit through different jurisdictions, the concept of family has been constantly broadened through cultural and behavioral diversity.

Bastianetto Alessi’s legal services seek to meet the difficulties brought by the elements of connection between the Law of different States to familiar relations, especially with regards to international divorce, custody, child support, inventory and through international cooperation in cases of child abduction.

Main Services

• International divorce, marriage annulment and foreign judgments enforcement;
• Division of common assets in different jurisdictions;
• International adoption;
• International agreements of visits and custody;
• Inventory of assets located abroad and succession of aliens;
• Return of abducted children;
• International surrogacy and others.

Civil International Law

Bastianetto Alessi’s legal work within Civil International Law is based on the dialogue of different legal systems whenever diligences in multiple countries are required, whether those involve contractual, criminal or administrative procedures.

It is essential to highlight, in this field, the enforcement of foreign judgments and arbitral awards, and the importance of legal counseling in different jurisdictions due to material and moral damages, drafting of contracts in multiple languages, issuing of documents and authorizations before foreign and Brazilian authorities, among others.

Main Services

• Enforcement of foreign decisional acts;
• Legal Procedures for material and moral damages;
• Requests for documents and authorizations for Brazilians, foreigners, stateless persons and refugees;
• Drafting of international contracts and instruments in general;
• Requests for international cooperation in civil, criminal, and other matters.

Nationality, Citizenship and Immigration

Brazilian Act n. 13.445/17 and the Brazilian Federal Constitution (1988) widely regulate the Law concerning nationality, citizenship and immigration, topics with intense outburst in Brazil and in the world. Statelessness, dual nationality and the rules for entering national territory are closely related to the foreign policies of each State regarding the legal treatment given to non-nationals.

Within this area, Bastianetto Alessi works in complex visa procedures, especially regarding travel restrictions due to the COVID-19 pandemic conjuncture, and in the defense of the rights of immigration. Besides, its legal services comprise judicial and administrative counseling in cases of expulsion, deportation and extradition.

Main Services

• Legal counseling in naturalization procedures;
• Administrative, consular and judicial diligences to formalize migratory status of clients;
• Procedures for the acquisition of multiple original nationalities;
• Requests for family reunification.

Corporate International Law

Corporate International Law is the specific branch which regards the exchange of goods and services between States, allowing municipal economies to achieve a better and more optimized usage of their resources – whether in respects to technology, workforce or other assets. Since it is an expressive activity upon States`s GDP in a global level, its legal implications are multiple when attracting foreign investment.

Two of the main ones are the elaboration of international corporate contracts and the monitoring of international investments through a study of compared legislation. Beyond these typical international trade questions, other matters of great complexity emerge from this branch though interconnected areas.

Pertinent examples are: a) international arbitration, being the International Court of Arbitration the arbitral entity of the International Chamber of Commerce and the biggest arbitral institution in terms of international projection; b) asset repatriation, which allows Brazilian nationals the regularization of assets located and eventually not declared in foreign countries; c) the access to the jurisdiction of foreign countries in regard to corporate disputes derived from international contracts.

Bastianetto Alessi’s services contemplate all these demands, providing broad assistance to those involved in the particularities of the international trade market.

International Arbitration

Contemporary Law marks the meteoric rise of arbitration as an alternative method of dispute resolution, spreading the concept of an institute which supersedes the jurisdictional guardianship of States, through which disputes are taken over by an arbitrator, an impartial third party chosen in common agreement between the parties, competent to adjudication. The arbitral award issued is equivalent to the jurisdictional one, according to Brazilian Act # 9.307/96.

There are multiple advantages related to arbitration, reason of its exponential growth over State’s tutelage. Some of the most relevant are a) remarkable celerity of the procedure; b) the confidentiality of all the proceedings; c) higher specialization of arbitrators in the matters discussed; d) the possibility of electing either a singular arbitrator/ an arbitral tribunal or a consolidated arbitral chamber.

Not coincidentally, the larger and most relevant arbitral chamber on a global level is the International Court of Arbitration (ICC), associated to the International Chamber of Commerce and active since 1923. However, many are the chambers of recognized competence around the globe, which effectively deal with international disputes, as the London Court of International Arbitration (LCIA), the International Centre for Dispute Resolution (ICDR) and the Chamber of Corporate Mediation & Arbitration – Brazil (CAMARB in the Portuguese acronym).

Bastianetto Alessi offers its expertise, acting alongside those and other chambers, representing clients interests in litigation procedures, derivative of contractual procedures clauses.

Asset Repatriation

Asset repatriation, topic in evidence in Brazil since the promulgation of Act #13.254 from 2016, is a procedure within the scope of international commercial transactions. Essentially, when speaking about asset repatriation, it comes into light the Special Regime of Cambial and Tax Regularization (RERCT in the Portuguese acronym), mechanism which allows the voluntary declaration of assets, even if incorrectly declared or eventually not declared, as long as they have a licit origin.

Asset repatriation is, indeed, an innovative procedure, which allows the reintegration of resources not only in cash, but also in the form of securities, movable and immovable assets or stocks. Moreover, it is a legal solution that presents many benefits (in a private and public levels) as challenges, demanding careful treatment.

What Bastianetto Alessi offers is precisely the personalized and detailed monitoring of the adherence process to RERCT in order to offer the best legal solutions in accordance with the concrete case.

Main Services -

• International contracts specific to international trade transactions, as the selling and transportation of assets;
• Legal monitoring and compliance with international investment policy;
• Dispute settlement through international arbitration and in foreign jurisdictions;
• Procedure of regularization and asset repatriation.

Art Law

Having consolidated itself as a legal branch in Brazil in the final period of the 20th century, Art Law is interdisciplinary, embracing multiple matters of cultural, technological and market nature. Moreover, it is a field which involves several jurisdictions, always adapting itself to the internationalization of the most diverse forms of artistic expressions and to the necessities of regulation and legal monitoring.

A valid example is the legal assistance in the scenery of artwork transit, which demands possession and ownership protection, as well as the regulation of its accessibility and visibility in the market. It is precisely this globalized relation between artists, gallerists, curators, collectors and merchants that encompasses multiple questions of International Private Law in order to assure the sound development of an area whose object is appreciated and cultivated by all peoples: art!

Bastianetto Alessi offers its expertise on these demands through legal consulting involving persons, companies and Public Administrations, as well as through dispute resolution in the proper arenas.

Main Services

• International contracts related to artwork transactions involving different jurisdictions, as in the case of international auctions;
• Elaboration of legal opinions concerning regulation of International Law and municipal Law of multiple countries, in order to assure the compliance of transnational artistic movement;
• Creation and dissolution of companies related to the art market;
• Legal monitoring regarding artistic and cultural property;
• Dispute settlements related to material or immaterial artistic pieces, either by arbitration or international fora.

Fashion Law

The contemporary fashion industry involves an intense and complex international business, whether in the haute couture, prêt-à-porter or mass market segments, among which supply chains and retail property portfolios affect millions of people, from employees to free-lancers, models and final consumers.

The famous clothing brands and the intellectual property associated with them concern a massive amount of money that impact daily the world GDP through the global fashion market. As a business with high economic value within international relations, Fashion has gained a wide importance in Law. Such demands became greatly valued due to trade negotiations and international lawsuits involving clothing, especially due to torts regarding the social and environmental performances of companies in the fashion industry.

The volatility of fashion in the international scenario has influx in the success of demands in this new branch of Law. Thus, Legal counseling is paramount for the international management at all stages of the fashion value chain.

Main Services

• Legal counseling for international fashion shows;
• International protection of intellectual property of designers and stylists;
• Compliance reports according to international and domestic quality certifications;
• Corporate, labor and environmental counseling in lawsuits involving the international fashion industry; among others.

MERCOSUR Law

The institution of Mercosur, operated by the Asunción Treaty from 1991, brought together American countries under a self-contained regime. Over the years, a common policy was established, influencing private, commercial, civil, and social areas among individuals and companies.

Since the entry into force of Ouro Preto Protocol from 1994, there is a constant need for normative adjustments in the region as a result of the common market’s demands. Entrepreneurs must consider the parameters commonly instituted at a regional level, whether through certifications, import and export standards or foreign investments.

Bastianetto Alessi’s legal work is based on an inter-related network with highly qualified international practitioners, providing regulatory compliance for companies and natural persons regarding Mercosur and municipal legislations of its Member States.

Main Services

• Drafting of compliance reports in accordance to Mercosur norms;
• Drafting of compliance reports in accordance to municipal legislation of Member States;
• Legal counseling of individuals and companies for pleads before the national sections of the Common Market Group; among others.