ESG – ENVIRONMENTAL, SOCIAL AND GOVERNANCE

Souto Correa has a qualified team to handle legal issues related to ESG (Environmental, Social and Governance) criteria. It is formed by professionals with technical expertise in several areas of law and with the ability to work in an interdisciplinary and integrated manner in complex and sensitive corporate issues. Our team includes lawyers with solid knowledge in the areas of environmental, labor, corporate, governance, contracts, third sector, compliance, administrative and regulatory, tax, and consumer law, data protection, data protection, and intellectual property, capital market, among others.

 

See some of the ways our team can help your business:

  • ESG risk mapping and non-conformities;
  • Guidance to companies, investors and financial institutions in the process of integrating ESG criteria into their internal system of practices, as well as analysis of its capitalization possibilities;
  • Counseling in policy development, strategy implementation, and risk management to meet ESG standards;
  • Identification, analysis, classification, treatment and monitoring of risks to establish control mechanisms and response actions to avoid negative impacts to the Company;
  • Monitoring of market ESG discussions;
  • Drafting of contractual clauses in accordance with the ESG criteria;
  • Legal audits focused on ESG aspects, whether for risk assessment in asset acquisitions or to establish legal relations for services and products agreements, considering the entire production chain;
  • Consulting and audits for compliance with environmental legislation, especially in themes such as regular licensing and fulfillment of environmental conditions, waste and effluent management, including circular economy and reverse logistics, atmospheric emissions, environmental liabilities management, risk prevention and management;
  • Consulting in the development of projects involving carbon market, climate change issues, and product structuring in the energy efficiency market;
  • Counseling in the operationalization of projects that aim at the adoption of environmentally sustainable practices, beyond the legal obligations;
  • Environmental, social, and governance risk assessment for financial institutions, supporting the analysis of credit granting;
  • Acting alongside a technical team to evaluate environmental impact studies on the structuring and licensing of projects, including social aspects and the impact on communities;
  • Counseling in structuring clean energy and self-generated clean energy projects;
  • Adjustments to regulatory requirements given regulatory trends and relevant emerging issues;
  • Participation in the rule-making process;
  • Structuring of integrity programs as a condition for the participation in public bidding processes;
  • Alignment of corporate practices with the administrative accountability system of the Anti-Corruption Law (Law No. 12,846/2013) and the Administrative Corruption Law (Law No. 8,429/1992);
  • Legal assistance in the elaboration, review and implementation of good practices in the prevention of anticompetitive conduct and competitive risks, general compliance issues and non-regulated aspects;
  • Guidance as to the possibilities of holding public service providers accountable;
  • Verification of the Company’s practices compliance with the Statute of State-Owned Enterprises (Law No. 13,303/2016) and the Framework Law of Regulatory Agencies (Law No. 13,448/2019);
  • Alignment of the internal system of practices with the pillars of public governance;
  • Alignment with the innovations brought by the LINDB (Law No. 13,655/2018) regarding predictability and security in legal relations with the Public Administration;
  • Counseling on green, social and sustainable bond issuances, as well as on the structuring of positive impact or ESG financings, instruments, or investment funds;
  • Counseling in the provision of information regarding ESG criteria, in compliance with rules issued by regulators and self-regulators;
  • Counseling on the drafting, review, and implementation of good corporate governance practices focused on ESG criteria, including the prevention of anticompetitive practices, competitive risks and non-regulated aspects, such as diversity and inclusion;
  • Counseling on the analysis of impending regulation of ESG and carbon market with government agencies, including BACEN, CVM;
  • Assessment of consumer risks in the context of legal issues related to ESG criteria, as well as action after any investigation and/or judicial measure. The consumer criteria in question involve advertising, duty of information, product labeling or description of the service, after-sales, abusive practices, revision of terms of use, among others.
  • Assessment of risks arising from data protection legislation in the context of ESG themes, such as good practices, training, review of internal policies, among others.
  • Review of labor practices to adapt the internal routines of companies, which includes financial management of labor liabilities, due diligences, drafting codes of conduct, HR policies, conducting training, among others.
  • Assistance in the development, structuring and implementation of social responsibility practices that directly influence the prevention of labor and administrative liabilities, and which have been evaluated by investors when investing capital in a company;
  • Constitution of an internal committee in the companies to evaluate social issues related to ESG and to supervise its practice;
  • Review of labor compliance practices (whistleblowing channels) seeking to avoid or mitigate moral and sexual harassment, corruption, overtime and violation of labor rules, ensuring a healthy work environment;
  • Drafting of internal policies, guidelines and action plans for the inclusion of minorities, gender equality, attraction and retention of talents, right to disconnect, etc;
  • Elaboration of internal satisfaction surveys to assess the climate and the work environment;
  • Implementation of social responsibility programs (such as the adoption of volunteer work and pro bono policies) and well-being (massages and gymnastics, partnerships with gyms or clubs, for example);
  • Realization of partnerships with entities that aim to include minorities in the labor market;
  • Review of internal policies, job descriptions and remuneration criteria;
  • Good tax practices policies implementation;
  • Tax incentives applied to environmentally and socially relevant projects (intended for investment funds and debentures related to such projects);
  • Drafting of internal policies regarding Incentive and Fund laws (Culture, Sports, Education, Support for Children and Adolescents, Social Assistance Entities, Funcine, Condecine and others).