THE FIRM

Founded in 2006, SERA Advogados gathers wide legal expertise and extensive practical experience on Environmental and Regulatory Laws acquired in renowned large companies and law firms, as well as in boutique offices (firms with small structure characterized by their specialization in distinguished areas).

Since the beginning, we have in our DNA the multidisciplinary vision of Law integrated with Environmental Law and Science, as well as values such as ethics, commitment and respect to each Customer’s specific needs.

Our mission: offering legal assistance based on technical excellence and efficient action focused on structuring innovative strategies and solutions that prioritize the viability of its Customer’s business in the least cumbersome manner.

Such dedication bore fruits. Partner Naoka Sera Furuiti was elected one of the most admired lawyers in Brazil by Análise Advocacia Magazine in 2018, 2019, 2021, and is one of the women lawyers honored by the special editions of Women Lawyer in 2021 and 2022.

Sera Advogados is one of the most admired Brazilian law firms by the Magazine Análise Advocacia in 2018, 2019 and 2021, as well as an office Top of Quality in 2021.

OUR BRAND

OUR BRAND           

OUR SERVICES

Environmental Law

We have wide expertise on the diverse demands related to Environmental Law.

Our services include performance on administrative, civil and criminal spheres, both on preventive or advisory situations and on litigious or judicial ones. Such services are always conducted in line to requirements from representatives of Legislative and Executive Powers and from authorities related to environmental protection agencies from federal, state and municipal levels, as well as taking into account the position of opinion leaders.The offered services contemplate performance on administrative, civil and criminal spheres, both on preventive or advisory and litigious or judicial situations. In any case, it is conducted in consonance to opinion leaders, representatives from Legislative and Executive Powers, authorities related to environmental protection agencies from federal, state and municipal levels.

 

Importance of Environmental Law

Nowadays, issues related to sustainability and environment are in evidence in the worldwide agenda. Initially treated as a subject restricted to Government, activists and legal academic circles, environmental issues are more and more a part of daily life, with increasingly complex demands.

This fact impacts almost all relations in the corporate environment, as well as many civil law transactions. As a consequence, the importance of Environmental Law is continuously growing, assuming in many cases a key role in business decisions, given the strict nature of the legal framework on protection of natural resources in Brazil and the growing activity of environmental regulatory agencies.

As the solution of environmental questions involve sensitive aspects such as corporate image, criminal responsibility, relevant indemnification and risks of foreclosure or suspension of activities, it is mandatory to take into account all elements involved in an integrated approach.

Given our experience and expertise, we may offer a wide range of legal assistance on environmental matters, always with a fresh and individualized approach. Our services may be hired individually or by means of a full assistance.

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Environmental Licensing

Legal assistance during the environmental licensing procedure of enterprises and activities with effective or potential impacts to the environment, including legal review and legal opinion on environmental studies and reports, legal support in public hearings, interface with environmental protection authorities, NGOs (non-governmental organizations) and other participants of the process.

Environmental licensing is defined as the administrative procedure by which the environmental licensing agency issues licenses for the location, installation, expanding and operation of enterprises and activities that use natural resources, are considered effective or potentially polluting or those that may cause environmental degradation.

The legislation foresees, in an exemplificative manner, activities subject to environmental licensing, including extraction and treatment of mineral, industries in general, civil works, activities of generation and transmission of electrical energy, water and wastewater treatment stations, treatment and destination of wastes, transportation, tourism, installment of land use, farming activities and natural resources use.

Diagnosis and Regularization

We offer service of due diligence on environmental and sanitary matters, including review on the applicable licenses for the regular operation and to prepare the Company to external audit and ISO 14000 certification. We also provide legal assistance for the regularization of identified liabilities is also available.

Regulatory in Sanitary Surveillance

The services offered in this area include due diligence, legal advice on permits and licenses issued by the various health and sanitary authorities, issuance of records of products (or dispensing from its issuance), technical and legal accountability aspects, in addition to legal advice in strategic design, development and review of contracts with distributors, among other topics of interest to those who plan to settle in Brazil, or are already settled but need to adapt procedures or check their compliance status with the authorities, or wish to expand their facilities or their business.

Contaminated Areas

We provide effective action related to Contaminated Areas, supplying legal advice and interface with environmental protection authorities (environmental agencies and District Attorney Office) and the other players directly or indirectly involved: entrepreneurs, neighbors, third-party ultimate pollution causers (such as former owners and lessees).

Pursuant to Environmental Ministry, contaminated area is the area, land, place, installation, building or improvement that presents quantities or concentrations of any substances or wastes in conditions that may cause or may cause damages to human healthy or environment.

The legislation requires the remediation of contaminated area according to guidelines and procedures established by laws, decrees and administrative resolutions. At the same time, the legal responsible for such areas become subject to imposition of sanctions and monitoring from other environmental authorities like the District Attorney office and the Police.

Assessment of Environmental Liabilities

Both from an environmental and regulatory point of view, due to its extensive experience in M&A (mergers and acquisitions) and real estate transactions, the analysis made during the due diligence performed by SERA Advogados is distinguished by the business valuation ability, in a broader view comprising both the entrepreneurial point of view and the context of each negotiation.

The due diligence performed before a transaction or even in a preventive form makes possible the mitigation of future legal risks.

Administrative and legal litigation

In case of administrative fines, including embargoes and seizures, as well as in lawsuits either in the passive or in the active pole, the Firm is able to defend the interests of the client in the least traumatic way.

SPECIALIZED CONSULTATIONS

– Legal opinions on environmental issues
– New Forest Code x new ventures and business areas
– Interventions in Permanent Preservation Areas ((“Áreas de Preservação Permanente” – APP)
– Term of Adjustment on Environmental Conduct
– National Policy on Solid Waste
– Environmental Crimes Law
– Environmental Compensation in Environmental Licensing of Projects with Significant Impact for the Environment
– Compliance in environmental issues
– Identification of environmental contingencies in due diligence
– Preparation and / or review of contracts
– Prevention of contingencies and solution, at minimum cost , of existing disputes
– Legal feasibility study
– Civil Survey Follow-up with the Public Prosecutor Office
– Public Civil Action
– Legal advice on the development of public policies and regulatory texts
– Advisory on sanitary surveillance issues

OTHER WORKS

Environmental issues are often embedded in a context that involves other aspects of Corporate Law , such as due diligence preceding the corporate and real estate transactions or contracts involving environmental and/or health aspects. Such aspects frequently arise in a negotiation context involving other areas of Law.

Or, simply, the most efficient solution sometimes depends on the systemic assessment of other areas of knowledge. Therefore, even being a Firm specialized in Environmental Law, we establish partnerships in order to achieve the most efficient results and also to facilitate the monitoring of the work by the Customer.

WHO WE ARE

The origin of Sera Advogados dates back to 1994, when the founding partner began her legal experience in the Tutelage of Diffuse and Collective Rights with the Federal Public Ministry. From this experience in the public sector, to the legal experience of environmental practice in the private sector, under the coaching of celebrated professionals in the field, the values and principles of work that resulted in the foundation of Sera Advogados in 2006 were consolidated.

Throughout all this time, restrictions on the use of natural resources have increased, as well as severe penalties were set, which were also accompanied by an increased appreciation of best sustainability practices by companies and individuals. That is, sustainable protection of the environment has become more than mere ideology, but rather an effectively required legal obligation as well as a powerful marketing instrument.

 

NAOKA SERA FURUITI

Naoka Sera Furuiti is an attorney at law graduated from the Faculty of Law, University of São Paulo ( USP ), a specialist in Environmental Law with a Master’s Degree in Environmental Science from the same university .

With almost 30 years of experience in the legal market, she has in her professional track record important firms such as Trench, Rossi e Watanabe Advogados (associated with Baker & McKenzie International Swiss Verein), in which she was also a member of the Mergers and Acquisitions and Japan Desk teams, Tozzini Freire Advogados and Milaré Lawyers.

She also worked at the Federal Public Ministry (Diffuse and Collective Rights) and in the international area of Citibank SA, and has experience as a consular assistant at Consulate General of Japan. Service in English, Japanese and Spanish.

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