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José Bráulio Petry Fonseca

| j.petryfonseca@pfer.com.br

Expertise:

José Bráulio provides assistance in negotiations involving domestic and international commercial contracts and structuring corporate transactions, incorporating limited liability companies and corporations, drafting joint ventures, among others.

He advises companies, associations, cooperatives and investment funds implementing the most appropriate governance practices for its business, and during corporate reorganizations, such as transformations, mergers, spin-offs and acquisitions.

In addition, he is experienced with restructuring and insolvency, conducting debts restructuring transactions, aiming to prevent or settle litigations, and representing domestic and foreign clients in judicial reorganizations and bankruptcies.

At the litigation practice, José Bráulio represents clients in legal proceedings and commercial arbitrations involving matters such as commercial contracts; disputes involving controlling and non-controlling shareholders, executive and non-executive directors as well as stakeholders; financing transactions; real estate; insurance; credit recovery; business reorganizations and bankruptcies.

He combines the experience acquired in top-tier Brazilian law firms with a continuous academic formation focused on Commercial, Corporate and Civil Law. He is the author of articles published in books and legal journals. 

Education:

PhD in Law, Federal University of Rio Grande do Sul (UFRGS)

Master in Law, Federal University of Rio Grande do Sul (UFRGS)

Bachelor of Laws, University of Vale do Rio dos Sinos (UNISINOS) 

Complementary Education:

Columbia Summer Program in American Law, Columbia University 

Languages:

Portuguese, English, Italian, French and Spanish 

Professional Associations:

Brazilian Bar Association (Rio Grande do Sul Section)

Member of the Special Commission on Bankruptcy and Judicial Reorganization (Brazilian Bar Association, Rio Grande do Sul Section) 

Publications:

The Judicial Reorganization Plan: comparison between the US and Brazilian experiences. In: Comparative Private Law. Belo Horizonte: House of Law, 2019.

Governance of Corporations under Judicial Reorganization. In: Judicial Reorganization of Companies: current issues. Porto Alegre: OAB/RS, 2018.

Political Risk Insurances. Revista dos Tribunais v. 986, 2017.

Distinctive Criteria for the Liability of Directors of Bankrupted Corporations. In: 40 years of the Law of Corporations: innovations, challenges and perspectives. Porto Alegre: Fi, 2017 (co-author).

Purchase and Sale: acquisition a non domino based on the apparent property of the holder of the business establishment. Comments to REsp1.513.190 / DF. Revista dos Tribunais, v. 983, 2017.

Legal Certainty to Angel Investors. Jornal do Comércio, Jornal da Lei, 21 feb. 2017.

Banking Credit: legal and economic elements for its development in Brazil. Revista de Direito Bancário e do Mercado de Capitais e Arbitragem, v. 72, 2016.

The Capital Market and the Churning Practice. In: The Law of Obligations in Contemporaneity. Porto Alegre: Livraria do Advogado 2014 (co-author).