Undoubtedly, 2019 was a very important year for DECARO ADVOCACIA, not only because of the new clients that became part of our history, but also because of the victories we have obtained in the cases already in progress. In this brief article, we will look back at the office’s year, preserving our client’s names, in respect to the confidentiality duty that permeates client / attorney relationships.

Early in the year, in February, we had the opportunity to defend the interests of a large franchise chain, which operates in the natural food segment. In this case, a former franchisee used several frauds to subtract the franchisor’s clientele (kept store in the same place, with the same facade, selling identical products, among others), constituting a crime of unfair competition (art. 195, III, Law No. 9.279/96).

We were hired to take the appropriate measures in the penal sphere. The investigation was opened and the store was inspected by the police. At the end of the case, fully instructed with evidence of the crime, the former franchisees sought out the franchisor to settle and close the case. This was a case that brought great joy to the office, not only because of the positive outcome to the client, but also because it involved a low incidence issue in the criminal sphere, which is unfair competition.

Then, we dedicated our efforts on defending a cause that has been under our care since 2015. This was an investigation to investigate currency evasion crimes (Art. 22, sole paragraph, of Law no. 7.492 / 86) and money laundering (art. 1 of Law no. 9.613/98), which would have been committed by executives of a company that operates in the field of commercial development.

Those who usually defend criminal cases know that there are basically two types of defense: a procedural defense and a merit defense. In the procedural defense, the lawyer questions formal aspects of the case that were not observed, in order to annul the process, or even an important evidence that supports the prosecution. In the merit defense, as the name implies, the lawyer faces the merits of the case, that is, acts to demonstrate that his client has not committed the crime of which he is being investigated or indicted.

In this case, DECARO ADVOCACIA presented a merit defense, which clarified how its client’s economic activity worked. It was also presented documents demonstrating the fairness of all operations considered suspect by COAF (Brazilian FIU) and other criminal prosecution bodies. The difficulty of the cause was to simply translate the rich documentation that grounded the complex operation of the client. Mission accomplished, the result came in August 2019, with the case being filed in a well-reasoned District Attorney manifestation.

Finally, at the end of the year, we were fortunate to be hired to defend an executive from the sanitation industry, in an investigation that investigates the practice of bidding crimes. The case is quite interesting and involves a topic with which we are familiar, which is the waiver of the bidding. Without a doubt it will be a challenging case that we will be dedicated to in this 2020!

Overall, these were the most impactful events of the year for the office, as well as others that were equally proud of! Thank you for the opportunity and confidence in our work.

Best regards,

Luiz Guilherme Decaro