Practices

The BRAGA MARTINS ADVOGADOS office operates in all segments of criminal law, focusing the work on the needs of each client.

Prevention - the role of the criminal lawyer it to not only act by remedying situations that have already been triggered. We must also guide customers before the practice of conduct that may be regarded as irregular.

In particular, this method of operation is quite useful in the course of business activities, since such entities have a very active role in society; employing people, exercising economic activity, acting within the State and etc.

As a result, the government heavily regulates their activities, in order to increase the risk that some conduct might be regarded as illicit.

It is precisely to prevent this that criminal lawyers should exercise their preventive function.

Defense of the victims - it should be stressed that the role of the criminal lawyer is not always to defend the one who sees himself accused of committing a criminal offense.

Sometimes their function extends to cases in which their client finds himself injured by the conduct of third parties (individual or legal entity).

In the latter case, the lawyer shall act actively, propelling the state to seek the satisfaction of the rights of his client, who have been infringed because of certain unlawful activities.

These are the cases where the criminal lawyer will ask for a police investigation to be open or act as assistant prosecutor.

 

Corporate Criminal Law

If, on the one hand, technology and contemporary market practices allowed greater interaction between economic activities, on the other, they also created new instruments to insert criminal law in the context of business activities.

It is in this scenario that the so-called corporate criminal law is placed; dedicated to defending the interests and rights of entrepreneurs, shareholders, investors and members of the governing body of society, in situations where the legality of management acts or that are derived from the business activity itself might be questioned by public authorities or even competitors. Our practice in corporate criminal law is divided into Strategic Criminal Litigation and Criminal Litigation Volume.

Advisory:

In the consultative environment, professionals from Braga Martins Advogados perform due diligences and issue legal opinions.

In this detailed work we analyze the most diverse commercial, economic and business activities from the perspective of criminal law, providing thus elements that allow national and transnational companies to assess the risk of their activities and to enable the creation of compliance policies and possibly corporate governance practices.

Criminal Litigation Volume

Braga Martins Advogados has both the structure and experience that enables it to act in the field of criminal corporate law at a large scale, which corresponds to the legal demand nowadays.

The invasion of laws in the field of individual freedoms and the growing trend to heighten the regulation of business activity has, as its final consequence, the criminalization of conducts that in former times would only be considered administrative offenses.

Thus, any run-ins arising during the exercise of entrepreneurship end up giving rise to police investigations and, often, to criminal proceedings in the face of representatives of the respective company.

As business activities are dynamic and involve countless legal relationships that occur every day, companies are exposed to a wide range of situations that are regulated by the state and are more vulnerable to possible claims that might appear and unfold in the criminal sphere, establishing several criminal expedients.

In this context, it's necessary to have a criminal lawyer that is not only used with the procedures of criminal practice, but also with the specific needs of the company itself.

Braga Martins Advogados' team has extensive experience in this peculiar context of criminal law, having already acted on behalf of major companies in the current scenario, always seeking the satisfaction of their interests in order to avoid and minimize the losses that may reach its heritage and individual liberties of their representatives.

The diligence and punctuality in monitoring are the marks of the office, always aiming to find the best result and also generating high rates of success.

Strategic Criminal Litigation

With personal operations throughout the country, including in higher courts, our activities are performed both during the administrative phase (police inquests, investigations and ministerial inquiries committees) and the judicial phase (criminal cases).

To get the best result for both the victims and the accused, we have expert staff on formulation of differentiated and procedural strategies and updated with trends of each court.

We work with all existing criminal offences in the criminal code, as well as those laid down by the special legislation. As an example of some crimes with which we work, we mention:

  • Financial Crimes;
  • Tax Evasion;
  • Economic and Against the Consumer relations Crimes;
  • Larceny;
  • Money Laundering;
  • Bankruptcy Crimes;
  • Environmental Crimes;
  • Falsehoods;
  • Crimes of unfair competition;
  • Crimes against intellectual property;
  • Crimes against the Public Administration;
  • Honor killing;
  • Crimes against property;
  • Drug law;
  • Crimes against life;
  • Illegal use of weapons;
  • Crimes against sexual dignity;
  • among others...