Constitutional Litigation

Constitutional litigation lies at the core of the Firm’s strategic practice. Our experience in Public Law, built since 1981 and shaped by engagement with academia and public institutions, underpins our handling of disputes that affect public policy, economic sectors, and relations between the State and society.

We advise organizations with standing to initiate abstract constitutional review proceedings, working closely with their leadership and teams to align legal strategy with institutional priorities and the collective interests they represent. From the decision to bring proceedings through to the implications of the judgment, we combine in-depth legal research with technical and economic input, applying rigorous standards to admissibility, the definition of the scope of the challenge, and the formulation of legal arguments and the relief sought.

We act both in challenges to legislation and governmental acts and in the defense of their constitutionality, with particular attention to the coherence of the legal system and the stability of legal relationships. Our practice encompasses:

Constitutional strategy and advice to entities with standing: assessment of disputes and risks, and support for institutional decisions on constitutional review initiatives, taking into account representativeness, the nexus between the subject matter and the entity’s institutional purposes, and the implications for the sectors concerned.

Abstract constitutional review: preparation and conduct of direct actions challenging constitutionality, declaratory actions seeking confirmation of constitutionality, and claims alleging violations of fundamental constitutional precepts before Brazil’s Federal Supreme Court.

Participation as amicus curiae: representation of entities and organizations in disputes of institutional interest, including the preparation of legal and technical submissions and written briefs, participation in public hearings, and presentation of oral arguments.

Interim relief and the effects of judgments: preparation of applications for interim relief and requests for interpretive remedies, including interpretation consistent with the Constitution and adjustment of the temporal effects of judgments, with an assessment of the legal and institutional consequences of each measure.

Appeals, constitutional complaints, and constitutional precedents: representation in extraordinary appeals and constitutional complaints, monitoring of issues subject to the general repercussion framework, and coordination of related proceedings, with advice on the effects of judicial decisions on organizations’ activities.