Employer-side labour lawyer in São Paulo, Brazil
We defend the employer — from the first hearing to enforcement — and review contractor arrangements, working hours and outsourcing before they turn into claims. In person on Av. Paulista or remotely, across Brazil.
5,0 · 18 Google reviewsOnce a Brazilian company is served, the clock is already running: CLT art. 841 provides a minimum five-day interval between service and the hearing, not a universal five-day defence deadline. The actual hearing date and court directions must be checked. We defend the employer from that moment through defence, evidence, hearing, appeal and enforcement — and before it, reviewing contracts, working hours and outsourcing with preventive measures suited to the operation.
When a company needs a defence.
- Labour claim servedService has arrived and the hearing has a date. We build the defence and the evidence in the time left.
- Independent contractor challengedA former contractor claims employment status. We assess personal service, subordination and regularity first.
- Enforcement reaching the partnerPersonal account freezes and asset tracing. We act in the veil-piercing incident and defend the partner’s assets.
- Terminations and dismissalsSeverance calculation, settlement, court-approved private agreements and collective dismissals, with review of legal protections, deadlines and litigation risk.
- Labour inspection and finesInfringement notices from the labour inspectorate, conduct undertakings and administrative defence.
- Outsourcing and service agreementsReview of the supplier contract and of secondary liability, before the client is added to the claim.
- Added as an economic groupAnother group company was joined to the claim. Shared ownership alone is not enough (art. 2, §3, CLT) — and that can be shown.
- Labour liability auditWorking hours, pay items, classification and contracts, with a remediation plan ranked by risk.
PJ contracts: what is pending and what already applies.
STF Theme 1.389 (ARE 1.532.603) concerns lawful contracting of independent workers or service companies, jurisdiction and the burden of proving fraud. After a nationwide stay in 2025, a decision announced by the STF on 18 June 2026 allowed proceedings in trial courts and Regional Labour Courts, with a stay after the regional judgment. The procedural stage and later orders must be checked for each case; neither a blanket stay nor unrestricted progress should be assumed.
Documents and actual conduct must be assessed alongside applicable precedents: personal service, subordination, non-occasional work and remuneration, as well as genuine autonomy. Exclusivity, continuity or a monthly fee does not independently determine employment status. The contract must be compared with actual operations while taking account of the organisational freedom recognised by the STF.
So we work at both ends. Where a claim exists, we assess genuine autonomy and authentic records of the relationship. Before a dispute, we review contracts and operations to address risk and record the facts, not to create the appearance of autonomy where none exists.
How we run the case.
- Reading the file and the calendarWe read the claim, the exhibits and the claimant’s history, and define what must be ready by the hearing.
- Gathering documentary evidenceTime records, payslips, contract, invoices, e-mails and messages. Documents, witness evidence and legal classification must be considered together.
- Defence and hearingStatement of defence, preliminary objections, challenge to the calculations, and preparation of witnesses and of the company representative — who must know the facts, not recite them.
- Settlement, assessed with numbersWe compare the amount claimed, the likely award and the cost of time, and show the arithmetic before recommending a route.
- Appeal, enforcement and partner protectionIf there is an award, we act on appeal and in enforcement, including the veil-piercing incident (art. 855-A, CLT).
What to bring to the first conversation.
Documents that speed up the review
You do not need all of it. But the more of these are at hand, the sooner we can tell you the real exposure in your case rather than a generic estimate.
- Service of process and the statement of claim, if any
- Employment or service agreement
- Employee registration record and work card entries
- Time records for the period in dispute
- Payslips, receipts and proof of payment
- Termination form and severance documents
- Invoices issued by the PJ contractor
- E-mails and messages exchanged with the claimant
- Articles of association and the latest amendment
- Infringement notices from the labour inspectorate
Initial review of the case, with our proposal presented in writing. Informational content under Brazilian Bar Association Rule 205/2021 — it does not replace an assessment of your case.
What clients say on Google.
“From the very start I was looked after exceptionally. The team is attentive and explains every step.”
Amanda M. · Google“Excellent, highly qualified professionals. I highlight the professionalism, the service and the honesty.”
Rita G. · Google“Very polite, patient, always with precise, accurate answers. I recommend them with no reservations!”
Thais T. · GoogleReal client reviews published on Google.
Who leads this area.
Partner in charge of the corporate practice (OAB/SP 344.334). Postgraduate in Business Law (FGV), acting in employer-side labour litigation, liability prevention, contracts, corporate matters and data protection. Member of AASP and of the AIPLA. Fluent in English.
Meet Renato FalchetPlan the employment cycle in Brazil.
- Hire employees in BrazilEntity, EOR, employment documents, eSocial, payroll, benefits and management preparation.
- Employee termination in BrazilGrounds, stability checks, notice, severance, documents and communication.
- Independent contractor vs employeeHow to compare a PJ or service agreement with the actual working routine.
- Labour claims: employer response guideThe first response, evidence, representative, hearing and settlement analysis.
- Legal services in Brazil for foreign companiesOur English-language work across the practice areas actually covered by the firm.
Common questions.
We were served with a labour claim. How long do we have to react?
Act immediately and check service, the hearing date and court directions. The five days in CLT art. 841 are a minimum interval before the hearing, not a fixed defence deadline. Article 847 permits written defence through the electronic case system up to the hearing, subject to applicable directions. Prepare documents, counsel and the company representative without waiting until the last day.
Are PJ contracts illegal in Brazil?
There is no general ban. Classification requires the contract, genuine autonomy, employment elements and applicable precedents; exclusivity or continuity alone is insufficient. STF Theme 1.389 addresses lawfulness, jurisdiction and proof of fraud. A decision announced on 18 June 2026 allowed trial and Regional Labour Court proceedings, with a stay after the regional judgment; later orders and each case’s status must be checked.
Can a partner be liable with personal assets?
It depends on the legal grounds and requirements. Veil piercing follows CLT art. 855-A and CPC arts. 133–137, with a right to be heard, without barring urgent protective orders. Under CLT art. 10-A, a former partner has secondary liability for obligations from their period in claims filed within two years of the registered exit, in the order of company, current partners and former partner. Fraud in the ownership change may trigger joint liability.
Our company was joined because it belongs to the same group. Is that automatic?
No. Shared partners are insufficient: the requirements of CLT art. 2 must be established. At enforcement, STF Theme 1.232 also requires review of whether the company participated in the merits phase; extending enforcement to a third party is exceptional, for business succession or abuse of legal personality, with the required procedure. The ruling, its temporal limits and later decisions must be applied to the case; group membership does not itself establish liability.
Is settling worthwhile?
The decision weighs rights, evidence, possible awards, costs and ability to perform. Court approval of an out-of-court settlement under CLT arts. 855-B onwards requires a joint petition and separate lawyers. Approval is not automatic, and the scope of any release must be assessed.
How much does an employer-side labour lawyer cost?
Fees are agreed in writing before any step is taken, in three formats: a fixed fee per case, a monthly retainer for continuous support and a fixed-price liability audit. The amount varies with complexity and the number of claims, and the proposal follows the first review and is set out in writing. The São Paulo Bar fee schedule serves as a reference floor.
Do you act for companies outside São Paulo?
Yes. We can provide remote support across Brazil. The format of each hearing depends on the court and applicable rules; where attendance elsewhere is required, we work with local counsel under our supervision.
Focused employment-law needs
Contracts, investigations and employer response by issue.
Has your company been served?
Send us the claim and whatever documents you have. We run the initial review and tell you, in plain language, the real exposure and the options. Tell us the hearing date and any current deadline; our team will confirm availability and the review timeframe.