General counsel | Constellation Investimentos e Participações
Lucila Prazeres da Silva
General counsel | Constellation Investimentos e Participações
What are the most significant cases or transactions that your legal team has recently been involved in?
As the sole in-house counsel, my approach to navigating legal challenges combines continuous study with creative strategies to provide objective and simplified solutions. I spearheaded a significant overhaul of corporate governance at the asset management company, realigning executive responsibilities to enhance corporate integrity and stakeholder trust. I also orchestrated a substantial capital raise from a major institutional foreign investor during a difficult period of the financial markets, showcasing my expertise in structuring complex investments across different jurisdictions and negotiating critical agreements. This was crucial for expanding our international investor base, demanding effective management of multifaceted financial regulations and strategic investments.
The introduction of CVM (Brazilian SEC) Resolution 175 has posed an additional challenge for capital markets practitioners. This new regulatory framework has brought profound changes to the Brazilian fund industry, necessitating a restructured business approach and internal processes to ensure comprehensive and streamlined compliance. Consequently, new commercial arrangements, negotiations, and innovative approaches have been created to effectively structure the business for this new era of the fund industry in Brazil.
The role of the in-house counsel transcends mere legal risk management or internal advisory; it directly contributes to the success and long-term sustainability of the organisation.
What would you say are the unique qualities required to be successful as an in-house lawyer in your industry?
Success as an in-house lawyer in the asset management industry demands a comprehensive skill set that extends beyond legal proficiency. The in-house counsel acts as the legal guide, corporate steward, trusted advisor, and business partner – both leader and servant.
It is about seamlessly blending our legal strategies into the wider mission and objectives of our company. It is about being more than a guardian of compliance; it is about being a strategic partner who helps steer the company forward and, when possible, being a profit centre by assisting the company in executing smarter deals.
Communication is key, but it goes beyond just getting the point across. It means being able to work hand in hand with teammates, regulatory bodies, peers, and external advisors to build something truly collaborative. It is in these moments that being kind, staying positive, and even sharing a laugh can transform a tough discussion, making everything feel more approachable and fostering a workplace where everyone feels at home.
Moreover, an in-house counsel must embody a culture of respect. Showing regard for others’ opinions and valuing diversity of thought contribute to a more inclusive and dynamic legal department. These attributes are critical for building strong, trusting relationships across all levels of the organisation.
Finally, embracing a journey of continuous learning is absolutely key. The legal world, particularly within asset management, is always shifting and changing. This means that as in-house counsel, you have got to keep an open mind, ready to soak up new insights and pivot as needed. It is this kind of flexibility that puts you one step ahead, keeping you in tune with both the latest legal shifts and the broader industry movements. It is about more than just being great at what you do; it is about growing personally and professionally along the way.
How have you fostered a closer collaboration between the legal department and your business counterparts?
Ownership is the key. We must not only understand the business strategy but also be a part of its inception. Then, we must own the part of that strategy that falls within our area and make it happen, grasping the unique business challenges the company faces to collaborate effectively with our business counterparts. Every company has its unique culture, strategic objectives, timelines, and blending within a mandate.
Having grasped the strategic objectives and key challenges, I have continuously focused on maintaining clear communication with my business partners. It is irrelevant if I understand the legal challenges but the business unit does not. Communication must be carefully managed at all times to prevent misunderstandings.
Understanding how the business unit operates, their thought processes, and their needs is also essential. This enables me to tailor legal advice more effectively, proactively provide updates, and analyse factors that could impact their decision-making processes.
Do you have a cause, business-related or otherwise, that you are passionate about?
My passion extends beyond my professional life into personal development and community engagement, particularly through music. Leading a music education project for underprivileged children in Greater São Paulo for more than 12 years has been one of my most rewarding experiences. This initiative not only allowed me to share my musical knowledge but also to make a meaningful impact on the community. My extensive study and performance of music enrich my approach to legal challenges, infusing creativity, empathy, and a belief in the transformative power of continuous learning and selfless sharing.
General counsel | Constellation Investimentos e Participações