Judicial and arbitral disputes impact various Brazilian sectors
Mattos Filho played a central role in a series of prominent, highly complex judicial and arbitral cases in 2024, as it continued to represent both Brazilian and foreign clients.
These included dispute between CA Investment Brazil and J&F for control of Brazilian pulp producer Eldorado, a BRL 18 billion dispute filed by Telefônica Brasil S.A. (Vivo) against Brazil’s telecommunications regulator, a case involving BHP Brasil that stemmed from the 2015 Mariana dam collapse, a crisis involving concessionaire Enel SP in the wake of blackouts caused by adverse weather events, and a series of complex disputes in the technology sector involving artificial intelligence and data protection.
The firm’s Litigation & Arbitration practice area was responsible for 52.1% of the firm’s gross revenue in 2024, a clear sign of its expertise in preventing and resolving disputes and its ability to attain optimal solutions for clients.
Our partners highlight several important cases below:
The dispute between CA Investment Brazil and J&F for control of Eldorado is the largest and most complex in Brazil. After the arbitral award determined the contract must be complied with and control transferred to CA, dozens of judicial and administrative measures were filed seeking to frustrate the award, though these have been unsuccessful to date. Mattos Filho works with more than 15 other renowned law firms to ensure contractual compliance is upheld and respect for arbitral and judicial decisions. The outcome of this dispute will be paradigmatic for Brazil
Arthur Parente
Partner
After four years, Telefônica Brasil S.A. (Vivo) and [Brazilian Telecommunications Agency] Anatel signed a settlement agreement to end a dispute worth more than BRL 18 billion, which involved a concession contract signed in 1998 in the wake of the privatization of fixed-line telephone services in Brazil. This was the first time that arbitration proceedings were filed against Anatel, addressing issues that had no precedent under Brazilian law. After more than twenty years under contract, and in light of several changes in the sector, the concession had become unsustainable. Anatel's refusal to recognize the company's claims for contractual rebalancing led to arbitration
In late 2023, an area of São Paulo under concession to the power company Enel SP was hit by an adverse climatic event that left more than two million people in the city without electricity. With the event subject to significant political and media exposure, Mattos Filho coordinated crisis management efforts to protect the company's reputation. We are currently defending Enel in various administrative procedures and collective lawsuits seeking billions of reais in penalties and interventions in the concession
Flávio Spaccaquerche
Partner
In 2024, litigation in the technology sector involved a series of complex disputes. Lawsuits involving artificial intelligence reached the courts, encompassing issues ranging from the use of user data to train generative AI to unresolved copyright matters. We represent large technology companies in these cases, which require efforts to help the judiciary understand new issues as well as the risks that excessive judicial intervention could imply for technological development in Brazil. Issues linked to protecting minors online have gained momentum, with civil investigations and public civil actions filed against companies in regard to excessive social media use, data protection, and gambling advertisements targeted at this demographic. Here, we represent internet providers, including major social media platforms. We also represent a large streaming service in regard to the rollout of accessibility technologies on streaming platforms, an issue that came under the purview of the judiciary after an investigation by the Public Prosecutor's Office. 2024 also saw the Supreme Court begin to analyze internet application providers' liability in regard to user content (general repercussion topics 533 and 987). A ruling is expected in 2025, with important implications for companies in the sector
Nicole Moreira
Partner
We represented BHP Brazil in a significant case arising from the collapse of the Mariana tailings dam, operated by Samarco, a joint venture between BHP Brasil and Vale S.A. The dispute is extremely complex and involves numerous lawsuits claiming billions of Brazilian reais. Recently, these suits were the subject of the largest environmental agreement in Brazil's history – valued at approximately BRL 170 billion – signed after several years of negotiations between the companies, public authorities, and judicial bodies, with Mattos Filho playing a prominent role. The agreement was signed at a ceremony attended by Brazil's president and the head of the Supreme Court, as well as judges and various authorities. Mattos Filho continues to advise BHP in a UK lawsuit linked to the same event. Given the unprecedented nature of the case, it should shape the adequacy, scope, and reach of legal theses concerning environmental compensation, socioeconomic programs, collective moral damages, and homogeneous individual and incidental damages
Ricardo Junqueira de Andrade
Partner
