RMM has expertise
in several segments
In view of the recognition for the work developed in the maritime and port areas, Ruy de Mello Miller Advocacy specializes in serving clients involved in port, retro-port, offshore, transport and maritime trade operations.
With the scope of specialization in Maritime and Port Law, the company's activities cover Civil, Business, Tax, Customs, Labor, Administrative, Regulatory, Digital, Environmental, Real Estate, Compliance and Corporate Criminal Law, highlighting:
AND PORT LAW
Litigation and advisory work in contractual disputes, shipping accidents, issues related to civil liability of service providers, claims for damages to cargo, ship berthing disputes, collection and recovery of credits, disputes with insurance companies, actions for the release of merchandise and maritime knowledge (B/L), vessels seizure. Legal advice for shipping companies, terminals and port operators, importers and exporters, terminals and offshore industries. Transport contracts preparation, port infrastructure use such as storage and movement (port operation) of goods, economic regulation, representation of foreign companies (such as cargo agents). Credits recovery (administrative and judicial) arising from maritime freight, demurrage, storage and other relevant to the sector Participation in administrative proceedings before the Maritime Court, Port Captaincies, Special Secretariat for Ports, ANTAQ and DOCAS. Click here to learn more about the practice.
Brazilian Tax Law is known for its prolific production of normative acts and complexity. RMM's Tax team brings together a specialized team, capable of following up on constant changes, aiming to identify the risks and point out the best alternatives
for companies to pay only what is owed. We carry out fiscal consultation for the application of tax legislation and we act as representation in administrative and judicial proceedings.
The office has an outstanding position in advising on taxation levied on procedures for exporting and importing goods and services, compliance with ancillary obligations and controls adopted by companies.
REGULATORY LAW AND GOVERNMENTAL PROJECTS
RMM has a team prepared to help companies face the uncertainties of Brazilian laws and regulations, developing a work in the focused and combative litigation sphere before the control and inspection entities. We add intelligence in the analysis of risks, seeking solutions to complex legal problems such as the restoration of economic and financial balance, tariff revisions, Project Finance, transfer of control corporate structure and policies of regulated services, especially those related to modes of transport.
Our legal practice is extensive in this sector, embracing experience in public bidding and administrative contracts, port leasing, advice on assignment of use of public property, administrative misconduct law, participation in the consultation and public hearing phase, defense against administrative sanctions, representations to the Courts of Auditors and modeling of service concessions.
BIDDING AND ADMINISTRATIVE CONTRACTS
Advice on bidding and regulatory issues, review and discussion of administrative contracts.
Expertise in all areas of Business Law, standing out for the preparation and advice of national and foreign companies in merger and acquisition processes, as well as in litigation related to these movements. RMM's specialized team also works in judicial recovery and bankruptcy processes, credit recovery, preventive consulting, among others.
Brazilian antitrust authorities are increasingly concerned about problems related to anti-competitive behavior in regulated sectors. RMM brings together a multidisciplinary team with experience in representing companies in administrative proceedings for the investigation of violations of the economic order with the Administrative Council for Economic Defense (Conselho Administrativo de Defesa Econômica, often referred to as CADE), able to deliver the best guidance in the conduct of cases, reducing the risk of fines and criminal liability.
Consultative and litigation assistance with the Customs Inspectorates in the dispute for the release of seized goods (eg underinvoicing), tariff classification, application of special customs regimes, infraction notices (fines applied to those involved in foreign trade operations: carriers, maritime agents, cargo agents and trustees).
Approval of foreign judgments, including arbitration awards and compliance with letters rogatory, as well as appeals in cases before the Supreme Court. Production in Brazil of summons, notification and procedural instruction requested in processes submitted to foreign jurisdiction. Guidance and monitoring of the defense of national companies before foreign jurisdictions.
Contracts, whether simple or complex, are part of everyday life for any person, natural or legal. RMM's team is trained to advise on contractual issues from the preparatory phase to the post-contractual phase, acting in the negotiations, in negotiations, drafting and reviewing minutes, managing risks and conflicts, with a purposeful posture and focused on the client's business. The team has qualified professionals, with fluent English, able to offer the best support in the contractual area.
The relevance of Consumer Law for suppliers and consumers in general is evident and people's adaptation physical and legal to its guidelines proves increasingly indispensable.
RMM's Consumerist team is prepared to carry out a complete consultancy, from negotiations to the administrative sphere (Brazilian Consumer Protection Agency - PROCON), through advisory and litigation, also covering the preparation, review and analysis of consumer contracts.
WHITE COLLAR DEFENSE AND GOVERNMENT INVESTIGATIONS, ANTI-CORRUPTION AND CORPORATE COMPLIANCE
Considering that criminal legislation is increasingly linked to economic activity, as well as recent changes in the Money Laundering Law, the regulation of the Anti-Corruption Law and the New State-Owned Companies Law, in 2019 we launched a partnership with Soldá Advogados Associados, a company of lawyers with solid performance in São Paulo focused on Compliance and Corporate Criminal Law practices.
Together, we advise clients on matters related to environmental, social security and bankruptcy crimes, crimes against the economic order, against the tax order, against consumer relations, against public administration, against public health, against the organization of work and matters in regulated by the Criminal Code and extravagant criminal legislation.
Considering the technological advance that permeates all facets of human life, Digital Law is seen as an interdisciplinary subject, a true reinterpretation of traditional Law. Those who wish to act in Digital Law must revisit institutes, principles and disciplines of Law in order to seek new interpretations and applications in light of the impacts of technology and the internet on society.
Advisory role in the implementation of port projects aimed at serving the oil and gas industry, such as drafting contracts between private individuals, advising on contracts with the Public Authority (Port Authority, ANTAQ, ANP and SEP), port infrastructure installation, bids, representation before regulatory agencies, advice on special admission regimes for vessels and equipment involved in the exploration and extraction of oil and gas, etc.
Advising on administrative procedures instituted by the Ministério Público da União or Public Prosecutor's Office (product spillage, licenses, potentially polluting activities) and litigation (public civil action); acting in administrative proceedings before government agencies, such as CETESB (Environmental Agency of the State of São Paulo), ANVISA (Brazil National Health Surveillance Agency) and IBAMA (Brazilian Institute of Environment and Renewable Natural Resources).
Advice and due diligence on real estate transactions, purchase and sale, developments and leases.
Performance in arbitration courts and tribunals. Approval and enforcement of foreign arbitral awards.
Litigation and consultancy work in Labor Law, with business emphasis and specialization in Port Labor and indemnity actions involving Work Accidents. Project management and management of legal systems and procurement and auditing processes. Monitoring of technical and accounting expertise. Labor compliance and compliance with LGPD.
RMM's Labor Law team also includes the area of Strategic, Port, Collective and Union Affairs, which works in a specialized manner in the following demands: collective bargaining and union actions in general; public civil investigations and actions filed by the Public Ministry of Labor; administrative defenses and annulment actions in the face of assessments issued by the Labor Tax Audit; demands relating to senior officers and employees; consultations and audits encompassed in the thematic axis of Strategic Labor Law, Port, Collective and Union.
ADVOCACY, GOVERNMENTAL AND INSTITUTIONAL RELATIONS
With an emphasis on dialogue with the National Congress, the Executive Branch and regulatory agencies, RMM's Advocacy team provides support for the execution of strategic plans and for overcoming institutional challenges imposed on companies, class entities, NGOs, Confederations, Federations and Unions.
The area works transversally with the other RMM specialties to anticipate information and trends in public policies, in addition to reducing and avoiding legal liabilities. The services include (i) monitoring of proposals and norms, (ii) articulation for the approval, modification or rejection of bills and provisional measures, (iii) analysis of political risks, (iv) holding of hearings with parliamentarians, leaders, fronts and other stakeholders of interest.