Thiago Soares Gerbasi

Experiences

Complex judicial litigation, consultancy and contracts involving matters related to the entire agribusiness chain, such as the purchase and sale of commodities, leasing and rural partnerships, guarantees specific to the sector and logistics. Secondment in agribusiness companies. Author and co-author of legal articles involving matters of interest to the agribusiness sector.

Track Record

– Drawing up and reviewing the draft contracts used by trading companies, producers and resellers of agricultural inputs, companies in the sugar-energy, pulp and paper, biofuels and horticultural sectors to develop their commercial activities, involving standards for the origination of raw materials, rural partnerships, leasing, the purchase and sale of inputs (pesticides and fertilizers), logistics, the sale of by-products and exports.

– Preparing and reviewing drafts of credit instruments and guarantee instruments most commonly used by trading companies and agricultural input producers and dealers in agribusiness financing.

– Recurring consultancy, in the contractual sphere, on credit and pre-litigation for trading companies, companies in the sugar-energy, pulp and paper, biofuels and horticultural sectors, in transactions necessary for the development of their businesses, notably the origination of raw materials and commercial disruption.

– Advising a major company in the sugar-energy sector on the sale of more than 70 rural real estate assets (farms), working on the documentation, negotiations and execution of contracts.

– Legal disputes over take-or-pay lifting contracts involving major trading companies and port terminals.

– Judicial defense of the interests of companies in the sugar-energy and biofuels sector in contractual and possessory disputes involving leases and rural partnerships, regulated by the Land Statute;

– Judicial defense of the interests of trading companies in commercial disputes against various rural producers involving the financing of agricultural activities, CPRs, agricultural pledges, fiduciary alienation of grain or real estate.

– Judicial defense of the interests of trading companies in the jurisprudential construction in favor of the viability of charging washout or Market to Market in the default of raw material origination contracts.

– Legal disputes over the constitutionality of aerial pesticide spraying.

– Judicial defense of the interests of creditors in various judicial recoveries, notably in agribusiness and the judicial recovery of rural producers. He has participated in the main discussions and leading cases on the subject, from the nature of the rural producer’s registration with the commercial board, the submission of previous credits to the procedure, the family economic group and its active legitimacy in judicial reorganization, the extraconcurrence of some guarantees and CPRs, the essentiality of capital assets.

– Representing creditors in the financing of companies undergoing judicial reorganization, either through the support of strategic creditors or via DIP financing.

– Legal dispute over a take-or-pay contract for the processing of agricultural seeds.

– Intervention as amicus curiae in strategic agribusiness lawsuits pending before the Supreme Courts, representing associations in the sector.

Academic background

– University of São Paulo – Master’s Degree in Civil Law, with a dissertation in Agrarian Law
– Fundação Getúlio Vargas (FGV) – Postgraduate in Contract Law
– University of São Paulo – Law Degree

Activities

– Civil litigation and advisory, focused on agribusiness
– Agrarian, rural real estate and agribusiness law
– Contracts in general and agrarian contracts
– Judicial Reorganization and Bankruptcy

National and international recognition

– Análise 500
– Chambers Brazil and Latin America – Agribusiness
– Chambers Brazil and Latin America – Dispute Resolution: Litigation
– Leaders League – Agribusiness
– The Legal 500 – Litigation