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Administrative and Regulatory Law
Defense in administrative proceedings, audits, penalties and inspections by federal, state and municipal authorities, and representation before the Federal Court of Accounts (TCU).
The problem
When the administration decides before hearing the company
Precautionary suspensions that drag on for years, fines calculated without individualizing the conduct, reimbursement claims based on preliminary reports. In administrative proceedings, companies often lose because of missed deadlines or insufficient documentary evidence, not because their position lacks merit.
We begin by examining the proceeding: who decided, on what grounds, whether the company was given an opportunity to respond (contraditório) and whether the measure applied is what the rule authorizes. From there we define the administrative defense and, when necessary, court action.
Situations we handle
Frequent cases in this area
- Audits and suspensions in Brazil’s Popular Pharmacy Program (Farmácia Popular)
- Special accounts proceedings (tomada de contas especial) and cases before the TCU
- Health-regulatory violation notices (autos de infração sanitária) and proceedings before ANVISA and local health authorities
- Suspension of payments and withholding of amounts by a public body
- Fines, warnings and revocation of accreditation
- Agreements (convênios), accountability reports and reimbursement of public funds
- Public procurement and administrative contracts
- Writs of mandamus (mandado de segurança) against unlawful acts by public authorities
Specialized sub-areas
Explore the topic in more detail
Popular Pharmacy Program
Federal Court of Accounts
Pharmaceutical and Health
Pharmaceutical and Health Regulatory Law. ANVISA, health surveillance and regulatory compliance.
How we work
Stages of our work
Step 1
Full access to the case file
Requesting access to, and copies of, all records, reports and notices.
Step 2
Map of deadlines and defects
Defense and appeal deadlines, and defects in notification, reasoning and jurisdiction.
Step 3
Defense and documentary evidence
Organizing the documentation that shows the regularity of each challenged transaction.
Step 4
Court action, if appropriate
Writ of mandamus or annulment action when the administrative route does not remedy the unlawful act.
Frequently asked questions
Common questions
Can a precautionary suspension last indefinitely?
A precautionary measure must be reasoned, proportionate and periodically reassessed. When it drags on without a decision, an administrative review may be requested and, depending on the case, the matter may be taken to court.
Do I have to wait for the end of the administrative proceeding before going to court?
Not always. A writ of mandamus, for example, must be filed within 120 days of learning of the act, under Law No. 12,016/2009. The right route depends on analysis of the case.
Does the firm act in proceedings in other states?
Yes. Federal administrative proceedings and the TCU are conducted electronically, so we can act from Curitiba.
For general information only. Each case depends on a review of the documents and the stage of the proceeding.
Related areas
Corporate
Contact
Discuss your case with the firm
Send a brief description of the matter and, if applicable, the case or proceeding number.