Banking and Finance

Barbieri Advogados acts in banking and finance through a practice that combines advisory, contentious and transactional work. The practice operates at a moment of structural transformation in the Brazilian law of guarantees and in the financial system more broadly: the Brazilian Legal Framework for Guarantees (Lei nº 14.711/2023) redefines well-established premises of the creation, enforcement and recovery of in rem security, alongside concurrent transformations in open finance, the regulation of crypto-assets and electronic payment instruments. The firm guides corporate clients through this transition, with a rigorous technical reading of the changes and strategies calibrated to each client’s specific exposure.

The practice is structured around three main pillars. In advisory and structuring, the firm acts on corporate credit operations — working capital, long-term financing, financing from the BNDES (Brazilian Development Bank), regional funds (FCO, FNE) and other development financing lines — on the structuring of in rem security and personal guarantees, on the issuance of debt instruments such as bank credit notes (CCBs), debentures, and real-estate and agribusiness receivables certificates (CRIs, CRAs), and on the renegotiation and restructuring of distressed operations. In corporate banking litigation, the firm defends companies in actions for the enforcement of debt instruments, ações revisionais de contratos (contractual review actions), embargos à execução (objections to enforcement proceedings), defence in the repossession of collateral and asset freezing measures. In retail banking litigation, the firm acts on ações revisionais, defence in enforcement proceedings, challenges to interest and charges, and actions related to listing on default registers and improper charges.

The practice works in close coordination with Restructuring and Insolvency where corporate distress requires it, with Corporate on structured financing transactions, and with Tax on tax implications of financial transactions, particularly the IOF (Brazilian tax on financial transactions).