How do you approach managing legal aspects during periods of instability or crises, and how does your legal strategy align with the broader business strategy to ensure the organisation’s resilience?  

In our organisation, we work proactively, aiming to take preventive actions to reduce instability and crises. However, it is impossible to guarantee that there will be no negative situations that could destabilise the company. When we face instability or a crisis, in my capacity as the person in charge, I focus on finding the best alternatives to solve the issues caused by the crisis. Meanwhile, the most experienced advisor on the team handles the day-to-day legal requirements, ensuring that neither the situation that caused the crisis nor the company’s operations are neglected. 

Regarding the second point of the question, the organisation is clear about its objectives and values, with the legal department playing a fundamental role in achieving these objectives and maintaining these values. We have focused on creating synergy with the commercial area as well as other departments such as operations, supply, technology, planning, and more. An important aspect to highlight about the legal department is that we have aimed for every area of the company to see us as allies in their processes rather than obstacles. Together, we seek the most viable legal alternatives for the entire company. 

What are the main cases or transactions you have been involved in recently?  

 A recent transaction involves the acquisition of land that we have been utilising, which holds high operational value for the organisation. We have been negotiating with the counterparty since 2018 regarding the legal mechanism for the transaction. Initially, there was a possibility of executing a barter agreement. However, they required us to grant them rights over the exploitation concession we have on the land we would exchange, which was not feasible for us. This requirement led to a pause in negotiations until a few months ago when we proposed acquiring the properties through a purchase instead of a barter. This approach would allow us to retain all the properties with reserves. The counterparty accepted, and we are currently in the price negotiation stage. Acquiring these lands offers significant benefits for the company, as it increases our reserves and eliminates any contingencies from the years of use, we have had on the property. 

What measures has your company taken to embed sustainability practices into its core business operations, and how does the role of the general counsel contribute to driving and ensuring sustainable practices within the company?  

The organisation has created a sustainability model that ensures every decision at all levels of the organisation contributes to addressing the most relevant social challenges through actions aligned with the four pillars of the model: economic, environmental, social, and governance. The company seeks to minimise its environmental impact through initiatives that reduce carbon emissions, energy consumption, and water usage. 

The company is committed to generating a positive social impact and empowering people to build a more sustainable future. The organisation leads the development of innovative solutions aimed at contributing to building resilient infrastructure, climate-smart urban development, promoting economic growth, preserving the environment, and improving quality of life. 

The legal department is fundamental in achieving the company’s goals. Through associations or directly, we drive legislative changes that foster the development of initiatives promoting sustainability, the circular economy, and the reduction of greenhouse gas emissions, contributing to the mitigation of climate change and its negative effects. 

For example, we can mention the achievement in 2020 with the General Law on Integrated Management and Co-processing of Solid Waste, while also highlighting the long road ahead to make the regulation functional to the country’s reality and the various improvements needed to ensure effective compliance.