Frequently Asked Questions
Straight answers to the questions people ask us most. If yours isn’t here, message us. There’s no such thing as a silly question when it’s your money, your ship, or your family.
Getting started · Fees and payment · Working with us · Maritime and shipping · Business and company formation · Buying property in Brazil · U.S. visas and immigration · Moving to or living in Brazil · For law firms and professionals
Getting started
Who do you work with?
Foreign individuals and companies doing something in Brazil, Brazilians preparing to do business or move abroad, shipping and insurance companies with matters in Brazilian ports, and law firms that need a lawyer in Brazil.
Who will actually handle my case?
Ajax D’Alcântara, personally. You won’t be passed to a junior associate you’ve never met.
Do I need to come to Brazil?
Usually not. Most of our clients live abroad. We work by video call, email, and WhatsApp, and with a power of attorney we can sign and file documents for you here.
How do I give you a power of attorney from outside Brazil?
You sign it before a notary in your country and have it apostilled. If it’s not in Portuguese, it also needs a sworn translation in Brazil, which we arrange. We’ll send you the exact wording so it’s done right the first time.
What should I prepare before the first consultation?
A short description of your situation, the key dates, and any documents you already have, such as contracts, emails, title papers, or notices. Don’t worry about organizing them perfectly. That’s our job.
What happens at the first consultation?
You tell us what’s going on. We explain what the law requires, the likely steps and timeline, and what it would cost. Then you decide, with no pressure.
What languages do you work in?
English and Portuguese. Your documents and updates can be in whichever language you prefer.
What if my problem isn’t something you handle?
We’ll tell you directly and, where we can, refer you to a lawyer who does that work well. We’d rather send you to the right person than take a case we shouldn’t.
Fees and payment
How much do you charge?
Our standard fees are listed on our Pricing page. For larger or unusual matters, we give you a written estimate before any work begins.
Is the first consultation free?
No. The initial consultation is a 60-minute meeting for a fixed fee of US$200, by video call or in person in Salvador. You can book it on our Pricing page.
Do you charge fixed fees or by the hour?
Well-defined services, such as company formation, property review, and contract review, have fixed fees listed on our Pricing page. Litigation, disputes, and matters that don’t fit a package are quoted individually after the initial consultation, so you know the cost before we begin.
Are government fees, taxes, and translations included?
No. You pay registry fees, notary fees, transfer taxes, and sworn translations separately. We list them in your estimate so nothing surprises you.
How can I pay?
Our prices are in U.S. dollars, and we also accept payment in Brazilian reais. Fixed-fee services can be paid securely online, and payment plans are available for complex matters.
Can you guarantee the result?
No honest lawyer can. We promise clear advice, careful work, and regular updates so you always know where things stand.
Working with us
Is what I tell you confidential?
Yes. Brazilian lawyers are bound by professional secrecy under the law and the OAB Code of Ethics. That said, please don’t send sensitive details until we’ve confirmed we can take your matter.
When do I officially become a client?
When we’ve both signed a fee agreement. Sending a message or having a first consultation does not by itself create an attorney-client relationship.
How will you keep me updated?
You’ll get updates at each important step, by email or WhatsApp, whichever you prefer. You can always ask where things stand.
How do you handle my personal data?
We collect only what we need for your matter and handle it in line with Brazil’s data protection law (LGPD).
How do I check that you’re a licensed lawyer?
You can look up any Brazilian lawyer in the OAB’s national lawyer registry using their name or registration number. Ours is OAB/BA 14.162.
Maritime and shipping
My ship or cargo has a problem in a Brazilian port. What should I do first?
Call or WhatsApp us right away, and keep every document: the bill of lading, charterparty, survey reports, photos, and emails. In maritime matters, the first days often decide what options you still have.
Who do you represent in maritime matters?
We represent shipowners, charterers, cargo owners, and P&I Clubs, as well as foreign law firms acting for them. We check for conflicts before taking any matter.
Can a vessel be arrested in Brazil?
Yes. Brazil is not a party to the international arrest conventions, so arrests go through Brazilian civil procedure, and the rules differ from what many operators expect. We can arrest a vessel to secure a claim or work to get your vessel released.
My vessel has been arrested. How do I get it released?
Usually by providing security, such as a bank guarantee, insurance guarantee, or P&I Club letter, that the court accepts. We review the claim, negotiate the form and amount of security, and work to get the ship moving again as quickly as the process allows.
My cargo arrived damaged or short. Is there a deadline to claim?
Yes, and it can be short. Notify the carrier promptly and in writing, and contact us as soon as you discover the problem so we can check the deadline that applies to your shipment.
Do you handle demurrage and charterparty disputes?
Yes. We review the charterparty, laytime calculations, and port records, and advise whether to negotiate, arbitrate, or go to court.
What is the Tribunal Marítimo?
It’s Brazil’s maritime court for investigating accidents and navigation incidents. Its findings can affect related civil claims, so it’s worth having counsel involved early.
Can a foreign-flag ship carry cargo between Brazilian ports?
Only in limited cases. Brazilian cabotage is generally reserved for Brazilian shipping companies, with exceptions under current law. We can review your specific situation.
Can you help with foreign judgments or arbitration awards against a party in Brazil?
Yes. Brazil’s Superior Court of Justice (STJ) must first recognize foreign judgments and arbitration awards before they can be enforced here. We can manage that process with you or your home counsel.
Business and company formation
Can a foreigner own a company in Brazil?
Yes. Foreign individuals and companies can own most types of Brazilian businesses, with restrictions in a few sectors such as media and some areas near borders. The company must have an administrator who lives in Brazil.
What type of company should I open?
Most small and medium foreign-owned businesses use a Sociedade Limitada (Ltda.), which works much like a U.S. LLC. We’ll confirm whether it fits your plans.
How long does it take to open a company?
Usually several weeks once we have your signed documents. The CNPJ registration alone can take 30 to 45 days, and the total depends on the city, the business activity, and any licenses needed. We’ll give you a realistic timeline at the start.
Is there a minimum capital requirement?
There’s no general minimum for a Ltda. Some regulated activities and some investor visas do require minimum amounts. We’ll tell you if any apply to you.
Do foreign owners need a representative in Brazil?
Yes. Foreign shareholders must appoint a legal representative in Brazil who can receive official notices on their behalf. We can explain the options.
Do I need to register my investment with the Central Bank?
Yes. Foreign capital invested in a Brazilian company must be registered with the Central Bank of Brazil. Proper registration matters when you later want to send profits or your capital back out of the country.
Can I send profits back home?
Generally, yes, as long as the investment is registered correctly and taxes are paid. That’s why we handle the registration from day one.
Can you help with taxes and accounting?
We’re lawyers, not accountants. Every Brazilian company needs a local accountant (contador), and we work alongside yours on the legal side.
Can you open a bank account for my company?
We prepare the documents banks ask for and guide you through the process. Brazilian banks set their own requirements for foreign owners, so we’ll tell you what to expect.
Can you review or draft contracts with Brazilian companies?
Yes. We draft and review supply, distribution, service, and joint venture agreements in English, Portuguese, or both, and make sure they can be enforced in Brazil.
I’m Brazilian and want to expand to the U.S. Can you help?
We handle the Brazilian side: your company records, investment structure, and documents. For U.S. company formation and U.S. law questions, we work with licensed U.S. counsel.
Buying property in Brazil
Can a foreigner buy property in Brazil?
Yes, in most cases, including homes, apartments, and commercial property. You don’t need to live in Brazil or hold a visa to buy.
Are there properties foreigners can’t buy, or can buy only with limits?
Yes. Rural land has limits and extra approvals for foreigners, and land near Brazil’s international borders has its own rules. Some coastal property sits on federal land (terrenos de marinha), which carries annual fees and a federal fee when sold. We check all of this before you commit.
What is a CPF and why do I need one?
It’s Brazil’s individual taxpayer number. You need it to buy property, sign contracts, and pay taxes. You can apply for one at a Brazilian consulate before you travel, and we’ll guide you through it.
How do I know the seller really owns the property?
We pull the official registry record, which shows the owner and any mortgages, liens, or court orders on the property. We also obtain certificates on the seller, because a seller’s debts or lawsuits can sometimes put a sale at risk.
When do I legally become the owner?
Only when the deed is registered at the property registry office (Cartório de Registro de Imóveis). Paying and signing isn’t enough. We handle the closing at the notary and the registration.
What taxes and costs come with buying?
Expect a city property transfer tax (ITBI), notary fees, and registry fees, plus legal fees. The amounts vary by city and price, and we include them in your estimate.
Can I buy without coming to Brazil?
Yes. With a power of attorney, we can sign and register the purchase for you. Many of our clients never set foot in the notary’s office.
How should I send the money?
Through a regular bank transfer, with the foreign exchange contract properly documented and registered. This creates the paper trail you’ll need if you ever sell and want to send the money back out.
Can I rent out my property?
Yes. Rental income is taxable in Brazil, and short-term rentals may also be limited by your building’s rules. We can review the rules, and an accountant should handle the tax side.
Can I sell later and take the money out of Brazil?
Generally, yes, if the original purchase money came in properly and you pay taxes on any gain. That’s why we document the funds from the start.
Does buying property give me the right to live in Brazil?
Brazil has offered residency to foreigners who invest above certain amounts in real estate. The thresholds and rules change, so we’ll check the current requirements for you.
Do you help with property in other parts of Brazil?
We’re based in Salvador and work mostly in Bahia and the Northeast. For other regions, ask us, and we’ll tell you honestly whether we’re the right fit.
U.S. visas and immigration
Can you file my U.S. visa or represent me before U.S. immigration?
U.S. filing and representation are handled by a licensed U.S. immigration attorney we work with. We prepare the Brazilian side and keep both parts coordinated, so you have one plan and one main contact.
What does “the Brazilian side” of a visa case mean?
It means the evidence that comes from Brazil: proof of where your money came from, records of your Brazilian company, civil documents like birth and marriage records, and certified translations.
Which U.S. visa is right for me?
It depends on your goals, finances, and business. The most common options for our clients are EB-5 (an investment-based green card) and L-1 (a transfer from a Brazilian company to a U.S. branch). The U.S. attorney confirms eligibility. We help you understand the options and what each needs from Brazil.
How much does an EB-5 investment require?
The minimum is set by U.S. law and depends on where the project is located. It was last raised in 2022. Your U.S. attorney will confirm the current amounts.
Why is proving the source of funds so important for EB-5?
U.S. immigration must see that every dollar invested came from a lawful source, traced step by step. This is where many cases slow down, and it’s where our work in Brazil matters most.
What does an L-1 require?
In general, you must have worked for the Brazilian company for at least one continuous year in the last three years, and there must be a qualifying link between the Brazilian company and the U.S. one. We help structure and document the Brazilian side.
I’m Brazilian. Can I get an E-2 visa?
Not on Brazilian citizenship alone, because Brazil is not an E-2 treaty country. If you also hold citizenship in a treaty country such as Italy or Portugal, you may qualify.
Can you get my Brazilian documents apostilled and translated?
Yes. We request certified copies, arrange apostilles, and coordinate translations that meet U.S. requirements.
Can you guarantee my visa will be approved?
No one can. The U.S. government decides approval. We can make sure the Brazilian evidence is complete, accurate, and well organized.
Moving to or living in Brazil
Can you help me get a visa or residency to live in Brazil?
Yes. Brazil offers residency for investors, retirees, remote workers, family members, and others, each with its own requirements. We’ll tell you which path fits you.
For law firms and professionals
Do you accept referrals from foreign law firms?
Yes. We act as Brazilian local counsel, report in English, and respect your relationship with your client.
How do you handle billing for referred matters?
We agree on billing terms with you in writing before starting.
Can you serve documents or enforce a foreign judgment in Brazil?
Yes. Service on parties in Brazil and enforcement of foreign judgments follow specific Brazilian procedures, including recognition by the STJ. We can advise on the best route.
Still have a question?
Send it to us by WhatsApp or email. A real person, usually Ajax, will answer.
These answers are general information, not legal advice for your situation. Laws and requirements change, so please contact us before acting on anything here.