Civil and Employment Litigation
Responding to contractual, liability and employment disputes.
AGG Advogados supports businesses and individuals in civil and employment disputes. The work begins by understanding the issue and the client's position, so as to prepare a response, negotiate terms or defend their rights in court.
A breach of contract, a claim for compensation and the breakdown of an employment relationship require different responses. What is at stake, the material available and the intended objective guide the approach.
Understanding what can be claimed and what can be challenged.
Contracts and leases
A disagreement may concern the meaning of a clause, performance of an obligation or termination of a contract. AGG Advogados examines what was agreed, the alleged breach and its effects, distinguishing delay, incomplete performance and disagreement about what was due.
In lease disputes, the issue may concern rent, other obligations, termination or return of the property. Support for landlords or tenants considers the contract, communications and facts together, including assessment and handling of eviction proceedings where appropriate. A breach does not remove the need to verify the grounds and the proper course of action.
Debt recovery and enforcement
Recovering a debt begins with its origin, whether it is due and enforceable, and the supporting documents. Amounts, due dates, payments and the reasons given for non-payment must be examined. Prior communication may clarify the disagreement or enable negotiation, but does not replace a review of deadlines.
AGG Advogados handles debt collection and recovery through payment order procedures (injunção), court claims to establish the debt where necessary, and enforcement proceedings. The choice depends on the obligation, the documents and the requirements of each procedure; these are not mandatory successive steps.
Establishing a right or obtaining an enforceable instrument (título executivo) does not itself secure payment. Enforcement proceedings seek compulsory recovery on the basis of a suitable instrument. AGG Advogados also defends those facing unjustified demands in enforcement proceedings, assessing the debt, the steps taken and the grounds for challenge, without promising recovery in full.
Loss and civil liability
The existence of loss does not, by itself, determine who is responsible or what compensation is due. Representation may involve bringing a compensation claim or defending an allegation of liability against the client.
The nature and extent of the loss, the available documentation and the link between the event and the harm are central to supporting or contesting a compensation claim, in light of the applicable legal requirements.
In employment disputes, each party's position requires its own assessment.
AGG Advogados represents employers or employees, tailoring its approach to the position of the person seeking support. Advice before a communication or decision helps assess its consequences. The response must take account of the stage of the dispute, the available facts and the client's objective.
Dismissal and other forms of termination
When a dismissal is proposed or notified, the grounds, procedural steps, communications and effects must be examined. How the procedure was conducted may be as relevant as the reason given for termination.
Support covers other ways of ending an employment relationship, whether at one party's initiative, by agreement or where the statutory conditions are met. The grounds, required communications and consequences of each option must be distinguished. In a negotiated departure, the scope of the agreement and the obligations assumed should be clear, without treating agreement as a blanket waiver of the right to defend one's position.
Disciplinary procedures
AGG Advogados acts in disciplinary procedures, reviewing the allegation, the documentation and the opportunity to respond, preparing the decision or defence, and handling any subsequent dispute.
The alleged facts, the response and the material considered must be assessed together. A formal statement of disciplinary allegations is not a dismissal decision, and not every disciplinary procedure leads to termination. The approach must take account of the grounds, deadlines and the position of the person represented.
Workplace harassment
A situation described as harassment requires an account of the conduct, circumstances and effects. The legal classification does not follow simply from the label given to the dispute, and a difficult working relationship does not remove the need to examine the facts.
The work brings together communications and identifiable incidents to assess a complaint or respond to an allegation, with discretion and preservation of relevant material.
Accidents at work and occupational diseases
Following an accident at work, it is important to understand the event, the injury and its consequences for the ability to work. For occupational diseases, the relationship between the condition and the work performed, and its effects, requires assessment, without assuming that the rules on recognition and compensation are identical.
AGG Advogados acts in disputes over recognition and compensation, bringing together the employment context, reports submitted and relevant medical documentation. Legal representation is distinct from medical assessment, although medical findings may be essential to assessing liability and the benefits or compensation due.
Establishing the facts before responding to the other party.
At the outset, AGG Advogados seeks to understand the relationship between the parties, their respective positions and the result the client wishes to achieve. Reviewing the documents and sequence of events distinguishes what is accepted, disputed or in need of clarification.
A contract may not reveal a later change; an isolated message may omit the reply it received. Communications must therefore be considered together and in the context of how the relationship operated. Original documents, supporting records and information about dates and participants help avoid an incomplete account.
Where relevant witnesses exist, it is important to identify who had direct knowledge of the facts and in what circumstances. The evidence should be organised to establish what each item can demonstrate, without selecting only material that appears favourable.
A hasty response may create commitments or aggravate a disagreement. Silence may also have consequences. Any deadline, service of proceedings, scheduled hearing or need for urgent action should be assessed from the outset, alongside preservation of the available material.
Where delay could undermine the effectiveness of the final decision, AGG Advogados assesses and seeks interim measures appropriate to protecting the right concerned. Urgency requires supporting grounds and evidence; an interim measure is not the final resolution of the dispute.
Negotiation and litigation involve different choices.
A settlement should resolve what is genuinely in dispute
Negotiation is appropriate where it can bring positions closer on terms acceptable to the client. It requires concessions, safeguards and obligations to be defined.
AGG Advogados assists with preparing communications and discussing terms, assessing the proposal against the legal position and the prospects of performance. An incomplete agreement may merely postpone the dispute.
Seeking agreement is not a mandatory step before going to court, nor does it mean that defence deadlines stop running. Negotiation must not compromise the steps needed to protect the client's position. Alternative dispute resolution may also be considered where appropriate.
In court: defining the claim and preparing the response
Bringing or defending proceedings requires clarity about what is claimed or disputed, selection of the essential facts and their connection to the legal grounds and evidence.
Representation includes preparing pleadings, responding to the other party's procedural steps and attending relevant hearings. Preparing for a hearing requires an understanding of the disputed issues and the material that may clarify them, not simply collecting documents.
Decisions and significant developments are reviewed with the client. Alternatives are considered in light of the claim, time and costs, without guaranteeing the outcome of court proceedings.
Contact
What contractual or employment issue do you need to resolve?
Explain your relationship with the other party, what is in dispute and what you wish to obtain or contest. A brief chronology and the position communicated by the other party help place the dispute in context.
Have the contract, communications received and sent, and essential documents available. Identify any deadline or hearing, ongoing proceedings, settlement proposal or previous response.
You do not need to choose a legal procedure: the first contact is an opportunity to explain the problem.
Contact AGG Advogados