Labor and Social Security
As one of the areas of specialization of its team, Cruz Oliveira & Associados provides legal advice in all areas of Labor Law and Social Security, supporting Companies and Workers during the employment relationship and in the litigation stage. Cruz Oliveira & Associados has furthermore, in coordination with its Immigration Department, advised several workers and companies in their integration and regularization in the Portuguese labor market, as well as with the posting of workers from Portugal to foreign countries. In the Labor Law area, Cruz Oliveira & Associados provides the following services: Work contracts Writing, reviewing and analyzing employment contracts and other related. Assistance during the employment relationship Legal support in the course of the employment relationship, with legal advice regarding, among others, working hours, holidays and respective allowance, labor credits and contracts` termination modalities. Calculations, letters, notifications and communications inherent to the employment relationship. Social Security Advice regarding the obligations of workers and companies with the Social Security. Disciplinary Process Preparation, processing and monitoring of workers and companies at all stages of the disciplinary process. Labor offenses Legal sponsorship of companies and workers in the context of administrative offenses, at the administrative and judicial stages. Labor Litigation Legal sponsorship of companies and workers in the litigious stage of the employment relationship, namely through the proposition of lawsuits, monitoring of legal proceedings, preparation of pleas and other procedural documents and filing of appeals.
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Bankruptcy and Company Restructuring
Cruz Oliveira & Associados, since its foundation, has been dedicated to the area of Bankruptcy and Company Restructuring Process. With the 2008-2009 financial crisis, Cruz Oliveira & Associados has created a specialized department to support singular and legal persons. At the current level of the economy, an exponential increase in the need for support of companies and individuals is expected. Cruz Oliveira & Associados has already an extensive experience in this area, being, therefore, an asset in the defense of the interests of its Clients. From the creditor's perspective, Cruz Oliveira & Associados follows private and corporate Clients in the execution of Credit Claims, representation in Creditors' Meetings, as well as in the entire process, with the aim of recovering the credit and satisfying the Creditor. In the context of singular persons`s bankruptcy, Cruz Oliveira & Associados has been requesting the exoneration of the remaining liabilities of its Clients, accompanying them in fulfilling their obligations throughout the 5-year assignment period and releasing them, at the end of that period, of the payment of contracted credits, ensuring its Clients a true “Fresh Start”. Cruz Oliveira & Associados provides legal support, namely in the following matters: Bankruptcy Request Presentation of companies and individuals to bankruptcy, as well as close monitoring of the entire procedural protocol until the end of the process. Exoneration of Remaining Liabilities Support to individuals so that they are exonerated from their debts after 5 years. Credit claims Representation of creditors in the claims of their credits and legal support regarding the reimbursement of their credits. Impeachment of resolution in favor of the insolvent mass Legal support in actions for impeachment of resolution operated by insolvency practitioners, which aims to protect third parties in good faith who find themselves without the assets that were acquired from the insolvent. Representation at the Creditors' Meeting Representation of all creditors in the context of insolvency proceedings and Company Restructuring proceedings. Action for further verification of credits and other rights Legal support of creditors who, despite not having claimed their credits in time, nevertheless, want to see their credits recognized and paid. Company Restructuring Process Legal support in this process, in situations where debtors are in a difficult financial situation but are still able to fulfill their obligations by approving a global payment plan.
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Indebtedness / Credit Recovery /Banking Law
The current economic, financial and even social situation has led to an increasing impossibility, by individuals and small and medium-sized companies, to timely fulfill their obligations. Regarding such situations, it is necessary to know how to act and what are the best options for the credit recovery or for the debts payment. Thus, Cruz Oliveira & Associados makes available to its Clients a group of Lawyers, with extensive experience in this area, which, in partnership with Enforcement Agents, real estate agents and other parties, provides judicial and extrajudicial services, in order to better support the resolution of these issues, both from the creditor's and the debtor's perspective. On the other hand, Cruz Oliveira & Associados is also engaged in the recovery of European and International credit. Furthermore, Cruz Oliveira & Associados’s credit recovery and banking litigation department is closely associated, as expected, with the bankruptcy department, ensuring that companies and individuals have their interests duly protected. In this matter, the provision of the following services is ensured, namely: Conclusion of payment plans and its fulfillment; Debt recovery through extrajudicial and judicial means; Preparation and monitoring of injunction procedures; European Injunction Procedure; Executive processes in their various modalities; Lawsuits at the Justices of Peace; Banking Law: Mortgage credit and leasing (individuals and companies).
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Immigration and Golden Visa
Portugal is currently seen as a good country reference to live, for the weather, hospitality and, in general, due to the favorable conditions it offers from a fiscal and legal point of view. As Immigration Law is currently the area of specialization of Cruz Oliveira & Associados, which has partnerships created in Brazil, Iran, India and the United States for this purpose, we provide rigorous advice to people and companies, including Start-Ups, that intend to relocate to Portugal, as well as with the regularization of those that are already in national territory. Within the scope of the Golden Visa program, Cruz Oliveira & Associados has a team of lawyers exclusively dedicated to this topic, seeking to advise its Client on the various types of possible investments in Portugal. In effect, we have a specialized team, composed by Lawyers focused on Immigration, Tax, Real Estate, Corporate and Labor Law, therefore making possible a personalized assistance to our Client. Obtaining Portuguese Nationality has also been one of the main goals of foreigners in Portugal, having Cruz Oliveira & Associados a specialized team in this area. In Immigration Law, we provide advice in the following areas: Visas; Entry and regularization in national territory; Residence permits; Golden Visa; Attribution and acquisition of Portuguese Citizenship; Positioning of foreign investment in Portugal.
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Real Estate
Currently being one of the markets with more projection in Portugal, Cruz Oliveira & Associados provides legal advice regarding residential operations and to investors in the structuring and implementation of real estate projects. As it is an area intrinsically linked to the Golden Visa program, Cruz Oliveira & Associados has already advised several real estate transactions, as well as groups of investors, in the implementation of successful projects in Portugal. We provide, on the other hand, all the necessary monitoring for the management of our Clients' properties, in line with their goals. Furthermore, in the area of leasing, Cruz Oliveira & Associados has been providing legal support to tenants and landlords in the defense of their interests, proceeding to the writing, review and signing of commercial and housing lease agreements, also perfoming the acts inherent to the updating of the rent value, termination, complaint or opposition to the renewal of lease agreements for its Clients. In Real Estate Law, we provide advice, among others, in the following areas: Legal Due Diligence to real estate; Legal support in the development of real estate development projects; Project licensing; Buy and selling of properties; Lease agreements for housing and commercial purposes.
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Corporate and Commercial Law
Cruz Oliveira & Associados has been promoting, over the years, all types of corporate acts, giving support not only to companies, as to their partners. To that extent, it is responsible for the incorporation of several companies in Portugal, corporate changes, mergers, transfer of shares, changes in the type of company, changes in activity, changes in management or changes in headquarters. With the economic growth in the 2018-2019 period, Cruz Oliveira & Associados has been supporting numerous Portuguese startups, as well as foreign investors who want to implement their activities in Portugal through direct investment in existing companies or through the creation of subsidiaries or branches. Cruz Oliveira & Associados is also supporting companies in what concerns the registration and protection of their brands, firms or patents. Therefore, Cruz Oliveira & Associados provides legal advice, among others, in the following areas of Corporate and Commercial Law: Incorporation of commercial and non-commercial companies; Corporate records Change in registered office, change in management, capital increase, change in the type of company, change in the ownership of shares, change in name, change in the way of obliging the company or request for a certificate of admissibility; Incorporation of subsidiaries, branches or mergers; Creation and registration of brands, patents and logos; Impeachment of social deliberations; Dissolution and liquidation; Tax consultancy.
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Litigation
Cruz Oliveira & Associados provides legal advice in all phases of litigation, with a special focus on the following areas: Immigration Law Impeachment of administrative acts, conviction to the practice of due act, actions of review and confirmation of foreign sentences, among others; Civil Law Loans, leasing, condominiums, buying and selling, family, offense to honor, privacy and personality rights, executive process, among others; Commercial and Corporate Law Impeachment of social deliberations, conflicts between shareholders, execution of shareholders' agreements, liability actions against administrators; Labor and Social Security Law Lawsuits, monitoring of legal proceedings, preparation of pleas and other procedural documents, appeals, among others; Criminal Law Criminal complaint, instruction, pleas and trial.
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Family and Succession Law
In Portugal, concerns about the rights associated with the family, minors, the elderly and the most disadvantaged have been growing. These are Rights that must be especially guarded and deserve particular attention, always in order to preserve their exercise as well as the values inherent to the Family and the dignity of the human being. Within the scope of the defense of such Rights, Cruz Oliveira & Associados has been supporting several families with special emphasis on divorces and parental responsibilities, reason why it has a group of Lawyers specialized in these matters, which provides all necessary support in order to obtain a rapid resolution of family conflicts and the protection of minors and the elderly. In this context, Cruz Oliveira & Associados offers a wide range of services, namely: Divorce by mutual consent or litigious; Regulation of Parental Responsibilities; Alimony regulation (ex-spouse and children); Reduction / Exemption of Alimony; Interdiction and Disabling; Major Accompanied Processes; Inventories and Asset Sharing; Common property division lawsuit; Matters of Succession, Wills and Inheritance.
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Criminal Law and Misdemeanours
In the Criminal area, Cruz Oliveira & Associados seeks to be close to its Client, providing legal advice and forensic support at the various levels of Criminal Justice Law and Secondary Criminal Law, as well as with the extrajudicial support and monitoring of the respective processes. At the procedural level, Cruz Oliveira & Associados helps the Client at the various phases of investigation, instruction and trial, providing advice on the defense or prosecution strategy and taking the necessary actions. In the area of illicit acts of mere social order (Administrative Offenses or Misdemeanours), Cruz Oliveira & Associados has stood out in particular in advising Private Clients and Companies that operate in the most diverse market segments, namely: Road Traffic Law; Labor Law; Environmental Law; Consumer Law; Telecommunications area; Food production.
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Consumer Law
In the current world in which we live, where the supply of goods and products is increasing, and is available to everyone, the subject of Consumer Law has come to assume a high importance in our society. The protection offered to Consumers, at the legal level, appears as an unavoidable reality in our daily lives, calling for the need of specialized knowledge in these matters. Cruz Oliveira & Associados has, in this area, a highly qualified team and a vast experience acquired over the years.
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