Consulting - Hard Cases and Argumentative Skills

Why choose a consulting firm that specializes in hard cases and argumentation

What are sentences made of? Which legal elements go in their making? To answer these questions, we must travel back in time.

In Ancient Rome, when the written law was scarce, and judges were lay, sentences were essentially the result of the teachings based on the opinion of jurisconsults.

Later, in the Middle Ages, when the Codex Justinianus came along, though the written law in a way took the lead, the exalted glosses from Civil and Canon Law masters had not yet been divested of their plastic roles.

It was only in the Modern Era, following the French Civil Code, that the written law became the only reliable material upon which sentences could be grounded.

However, because Common Law today favors precedents, we are required to revisit, in Civil Law, the uncritical obstinacy for the written law. Following a trend in comparative case law studies, Brazilian Courts have recognized a plurality in legal sources, and have admitted different types of material usage depending on the circumstances and the case. This has restored the power of argument when modeling the elements discussed in Court, wherein attorneys, prosecutors and judges are the true protagonists of an unfinished work: the Law.

Demands addressed by this consultancy

The service we offer is the result of more than a decade worth of research and careful preparation, and pools all the experience coming from lawyer, researcher and professor of hermeneutics, ethics, philosophy and theory of law.

The objective of this consultancy service is to meet the specific demands from hard cases that present issues not addressed by the written, or case, law; or, if they are addressed, they still may be contradictory, unintelligible or weak.

Additionally, our consultancy addresses cases with predictable or expected solutions, whether they are due to an interpretive common sense or by an uncritical of consolidation of a given stance, but which can be reversed with the aid of a new thesis, through the discussion of different concepts in hermeneutics.

Therefore, by reclaiming the consultoria’s original meaning in Roman Law (the “scientific-teaching” activity that, through the responsa, pointed judges and the parties who posed motions to the possible solutions arising out of seemingly unsolvable cases) and by incorporating the rhetorical dimension of Justice that precedes even advocacy itself, we offer attorneys, Courts, administrative agencies, private institutions and individuals our services, which are geared toward complex cases that transcend the forensic practice, and demand a rigorous theoretical and methodological analysis.

How our studies are drafted

The manner in which our written work is crafted establishes a case’s legal significance (and this is what is relevant in Law), and suggests possible methodological alternatives that point to its solution, including one that proves to be the most legally reasonable when appropriate, allowing stakeholders to explore, in their decision making or when preparing procedure-related documentation, the answer presented by us.

The theoretical solutions to the cases we support, following the good practices of the Law, will be tested against decision-making rationales based on the most reputable argumentation resources currently espoused in Academia and celebrated in the Courts. A few examples are the argumentative guidelines that can be extracted from the economic analysis of law, tragic decisions, caselaw, critical legal studies, social engineering, legal deconstruction, the legal game theory, among others.

The instruments that are put to good use are carefully chosen according to the purpose of the commissioned study, whether they are intended to:

  1. Legal, administrative or arbitration disputes;
  2. Disputes subject to ethics Courts or committees;
  3. Procedures regarding alternative means of conflict resolution;
  4. Court and/or judge decisions in cases involving caselaw uniformization, amicus curiae, public hearings or legal controversies of any nature;
  5. Legislative procedures in which Justice-related controversial issues are raised, formally or materially; or
  6. Safeguard and develop institutional projects, before public or private agencies, that concern the implementation of human rights and the promotion of human capabilities, particularly in education and culture.