The maturation of Brazil’s legal and financial markets has driven the need for sophisticated legal structures capable of enabling credit recovery, anticipation of judicial and arbitral revenues, reorganization of distressed assets, and protection of interests in high-stakes disputes.
Bento Muniz Advocacia, with its extensive experience and technical expertise, is prepared to offer strategic legal advisory in these exceptional contexts, which require a multidisciplinary vision, negotiation sensitivity, and qualified technical response.
Our practice is structured around three main pillars:
Legal Claims & Litigation Finance
The firm assists clients in identifying, analyzing, and managing complex judicial and arbitral claims, structuring financing, assignment, or monetization operations for litigious assets. We operate from legal analysis and valuation of claims to contract formalization and structuring of vehicles for fundraising or risk-sharing.
Legal Claims
We assist clients in identifying, analyzing, and conducting legal claims with high strategic and economic value. We operate in complex disputes, both judicial and arbitral, focusing on maximizing the value of the right in dispute. Our work includes:
- Legal and economic-financial analysis of potential claims;
- Construction of robust legal theses aligned with business strategy;
- Representation in disputes involving civil liability, business contracts, corporate issues, and asset recovery;
- Legal structuring for assignment or use of claims as assets in operations.
Litigation Finance
We support companies and investors in structuring litigation financing operations, enabling capitalization of legal claims with high return potential. Our services include:
- Advising funders and fundees in litigation finance operations;
- Drafting and negotiating financing contracts, rights assignments, and guarantees;
- Corporate and contractual structuring of SPVs for receiving investments and distributing results;
- Mitigation of regulatory risks and management of conflicts of interest.
PRE-INSOLVENCY SITUATIONS, DISTRESSED M&A, AND LIABILITY RESTRUCTURING
We offer integrated legal solutions for companies in crisis or undergoing financial restructuring. We operate in debt renegotiation, sale of distressed assets, corporate reorganizations, and strategic planning to prevent or overcome insolvency situations, focusing on business continuity and value preservation.
Pre-Insolvency Situations:
We work on the legal structuring of emergency investments (DIP Financing) in companies facing imminent crisis or undergoing judicial recovery. We draft contracts, guarantees, and financing models that ensure legal feasibility, investor protection, and support for debtor restructuring.
Distressed M&A
We advise on acquisitions and restructuring of companies or distressed assets, focusing on mitigating legal risks and ensuring the feasibility of operations in pre-insolvency or judicial recovery scenarios, conducting due diligence oriented to contingent, succession, and tax risks, as well as providing full support in negotiating and implementing the transaction contracts.
COMPLEX TAX PRACTICE AND TAX TRANSACTIONS
Our team operates in strategic tax disputes, negotiations with tax authorities, and structuring transactions for tax regularization and reduction of tax liabilities. We combine technical mastery of tax litigation with a pragmatic approach aimed at effectively resolving disputes and leveraging legal opportunities for negotiation and relief.
Tax Risks and Negotiation Opportunities
We assess tax contingencies in companies in crisis and structure solutions for liability reduction, credit recovery, and regularization through tax transactions, installments, or strategic negotiations with tax authorities.
NPL & Alternative Tax Solutions
We advise investors and companies on the acquisition, structuring, and recovery of non-performing loans, including tax credits. We operate in negotiating tax liabilities using judicial assets and accumulated credits strategically, developing legal solutions for compensation, assignments, and transactions focused on value generation and preservation.
DIP Finance & Tax Transactions
We assist in structuring operations where Special Situations Investment Funds provide resources for paying tax transactions, with charges on seized or hard-to-sell properties. Ensuring investor security and enabling the company’s tax regularization without the risk of execution fraud.
M&A, Equity, and Alternative Tax Solutions
We advise companies in crisis and investors on structuring corporate and tax operations aimed at economic recovery. We operate in mergers, acquisitions, and asset sales of debtor companies, as well as converting loans into equity as a form of capitalization and settlement of tax liabilities. We combine legal analysis and economic feasibility to unlock value and enable secure tax regularization.