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Aluisio Berezowski

Partner

aluisioberezowski@tepedinoadvogados.com
Tel: 11 3149.2300

Aluísio Berezowski graduated in 2002 from the University São Paulo. In 2007, he obtained the title of expert in corporate law by the São Paulo Pontifical Catholic University, and in 2009, he specialised in arbitration at the Fundação Getúlio Vargas. Berezowski has been a member of the deontological team of the Ethics Court of OAB/SP since 2013. He was also mentioned as one of the most admired lawyers by Brazilian publication Análise Advocacia 2017 and has been nominated as a LACCA Approved lawyer for the past few years.

Thought Leaders 2018 - Interview with Aluisio Berezowski

Why did you decide to pursue a career in litigation?

As a historical and political phenomenon, the very notion of law and its exercise to guarantee human rights was born of the need to have an instrument to defend personal rights against all threats against them. In other words, law is a product of the conflicts inherent in human relationships and was created not only to organize society but also to preserve and protect individual rights. With this concept in mind, I have always considered litigation to be the heart of the law, the present law of everyday life. I never imagined myself doing anything other than litigation.

What has been the proudest achievement in your career thus far?

 I should say that my entire career has given me innumerable opportunities to feel proud and to achieve personal satisfaction. There have been dozens of relevant cases, both in arbitration and litigation spheres, entrusted to my law firm, which involved major and prominent clients.

Nevertheless, I can highlight a special moment in my professional life that occurred seven years ago. In 2011, I and my actual partners left a very traditional litigation law firm to create our own law firm, specialized in litigation and arbitration. Our law firm soon came to be one of the most prestigious Brazilian law firms in this area and since the beginning, we have been acting in very important cases in Brazilian business scenario, as recurrently reported by relevant newspapers and business magazines.

Why do you think Brazil has one of the highest rates of litigation in Latin America?

There is a sort of a culture in Brazil that still presents a high degree of litigiousness, thus the parties usually prefer to engage in a legal battle rather than to seek a negotiation or even a mediation for their conflicts. In addition to that, there has been an increasing degree of awareness by the Brazilians about their rights and how to enforce them by the law.

Another aspect that deserves to be mentioned is that our procedure law, strongly influenced by European procedure systems, have innumerable different types of appeal, which leads to very long lawsuits that not infrequently takes many years to have a conclusion. Despite our new Code of Civil Procedure represents a new tendency to shorten the pending of a lawsuit before Brazilian Tribunals, we still need to change, step-by-step, our litigation culture.

Do you expect the recent labour reform in Brazil to reduce the level of labour disputes? What have you been advising clients?

Although I am not an expert in labor law, I look favorably upon the recent reform, since by placing the parties – employer and employee – in more egalitarian positions, it tends to make employees weigh their motives more carefully before filing a labor lawsuit. In other words, I believe that this amendment can help to contain the huge number of litigation cases that seem to dominate the Brazilian employment system.

What are the biggest challenges facing litigation lawyers in Brazil? What more could be done to improve things?

 The better a lawyer representing a party is prepared, and the higher the level at which the procedural discussions are held, the more apt the litigation or arbitration action will be to resolve the conflict between the litigants. Good lawyers tend to be feisty professionals, but they are equally inclined to go for negotiation when it suits their client's interests. In short, in order to improve, the Brazilian litigation law practice necessarily involves a better preparation of each individual professional, who must constantly invest in their own training as well as in the acquisition of a robust cultural background in the humanities, without which they will lack the necessary maturity and intellectual refinement to do their job.

How do you see Brazil’s legal landscape developing over the next five years?

I am hopeful of the future of Brazilian litigation. The new Code of Civil Procedure has included several tools to restrain the parties' litigiousness both before and during the proceedings, as well as to dissuade the use of ungrounded and reckless appeals. In parallel, the Brazilian business community has been extensively using the institution of arbitration to settle disputes, by adding an arbitration clause in most contracts, what will increasingly lead to the unburdening of the judiciary.

How has Brazil’s political and economic situation impacted work for your firm over the past year?

The year 2016 was particularly difficult for Brazilians, who found themselves amidst a political and economic crisis unprecedented in our history. The lack of credit in the market, however, led to a remarkable increase in the number of lawsuits involving credit recovery, so that particularly for my firm the year was quite productive.

In your opinion, what makes you stand out to clients?

Two requirements are essential for clients to feel satisfied with their lawyer: having a personal, direct and close relationship with their lawyer, and to rest assured they can count with their lawyer’s resolve and commitment to the defense of their interests. In other words, the client needs to be competently defended by the lawyer but so important or even more, the client needs to feel defended by the lawyer. Although similar, the difference between these objective and the subjective perspectives is profound and sensitive.

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