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: the Labour Code (CLT) sets the hearing for the first available day five days after service (art. 841). We defend the employer from that moment through defence, evidence, hearing, appeal and enforcement — and before it, reviewing contracts, working hours and outsourcing while correction still costs less than litigation.
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, handled so they do not return.
- 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.
The use of service companies — locally called PJ contracts — has reached Brazil’s Supreme Court. In April 2025 the STF recognised general repercussion in Theme 1,389 (ARE 1,532,603, Justice Gilmar Mendes reporting), which should settle when such contracting is lawful, which court decides allegations of fraud, and who bears the burden of proof. As of August 2026 there is no decision on the merits.
Meanwhile the Labour Courts decide case by case, and the outcome turns on facts, not labels: controlled working hours, an exclusivity requirement, subordination to direct orders, a fixed monthly fee, an obligation to perform personally. The contract matters far less than the routine it describes.
So we work at both ends. Where a claim exists, the defence is built on documentary evidence of autonomy: invoices, variation in amounts, other clients, absence of time control. Where none exists yet, we review the contract and the operation so that this evidence exists before it is needed.
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. A labour defence is decided more by documents than by argument.
- 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
First review at no cost, with no obligation. 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 FalchetCommon questions.
We were served with a labour claim. How long do we have to react?
Less time than it seems. Under art. 841 of the CLT the hearing is set for the first available day five days after service, and the defence is normally filed by then. The tight part is gathering documents and preparing the company representative.
Are PJ contracts illegal in Brazil?
No. Engaging a service company is lawful where the relationship is genuinely autonomous. What creates employment is an employment routine under another name: personal service, subordination, regularity and payment at the same time. The STF recognised general repercussion in Theme 1,389, still undecided on the merits as of August 2026.
Can a partner be liable with personal assets?
Yes, but there is a procedure and a limit. The veil-piercing incident of arts. 133 to 137 of the Civil Procedure Code applies in the Labour Courts (art. 855-A, CLT), securing a defence before any asset is seized. A partner who has left is secondarily liable only for the period they were a partner, in claims filed within two years of the registration of their exit (art. 10-A, CLT).
Our company was joined because it belongs to the same group. Is that automatic?
No. Art. 2, §3 of the CLT is explicit: shared ownership alone does not constitute an economic group. Integrated interest, an actual community of interests and joint operation must be shown — where the joinder rests on presumption, this is a direct defence.
Is settling worthwhile?
It is a decision about numbers. We compare the amount claimed, the likely award, the cost of time and the risk at enforcement. There is also court approval of a private settlement (art. 855-B, CLT): the law requires a joint petition and does not allow both parties to use the same lawyer.
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, which is free. The São Paulo Bar fee schedule serves as a reference floor.
Do you act for companies outside São Paulo?
Yes. We act remotely across Brazil, and labour hearings are largely held by video. Where physical presence elsewhere is required, we instruct and supervise local agents.
Has your company been served?
Send us the claim and whatever documents you have. We run the first review at no cost and tell you, in plain language, the real exposure and the options. We reply within one business day.