Interview with: Fábio Medina Osório, Attorney and The Managing Partner

Fábio Medina Osório is an attorney and the managing partner at Medina Osório Advogados. He holds a Ph.D. in Administrative Law from Complutense University of Madrid, where he was mentored by Professor Eduardo García de Enterría, one of the leading administrative law scholars of the 20th century. He also holds a Master’s degree in Public Law from the Federal University of Rio Grande do Sul (UFRGS). In 2016, he served as the Attorney General of Brazil.

In 2004, Medina Osório pioneered the academic discipline of Administrative Sanctioning Law in Brazil, offering it in the Master’s and Doctoral programs at UFRGS School of Law. His groundbreaking work helped establish this field as a distinct area of legal scholarship.

Expanding the scope of Administrative Sanctioning Law, Medina Osório founded the National Commission on Administrative Sanctioning Law, under the leadership of Felipe Santa Cruz, former president of the Federal Council of the Brazilian Bar Association (OAB). Medina Osório chaired the commission from 2019 to 2022 and is currently serving a second term from 2023 to 2025.

Medina Osório is a Board Member of the Advocacy Defense Movement (Movimento de Defesa da Advocacia) in his second term. He is also a consultant and advisor for the Revista Brasileira de Direito Administrativo (Brazilian Journal of Administrative Law), published by Fundação Getulio Vargas (FGV), and serves as the President of the International Institute for the Study of State Law (Instituto Internacional de Estudos de Direito do Estado, IIEDE).

 

What do you consider to be the main points that differentiate Medina Osório Advogados from its competitors?

FMO: Medina Osório Advogados is a national and international leader in the fields of administrative sanctions law, compliance, and corporate anti-corruption law.

I hold a doctorate in Administrative Law from Complutense University of Madrid, where I was last mentored by Eduardo García de Enterría. My doctoral dissertation, focused on Administrative Sanctions Law, was a pioneering work in Brazil and helped introduce this field in the country.

In addition to my academic background, I had a distinguished career at the Public Prosecutor’s Office of Rio Grande do Sul, where I placed first in the entrance exam at the age of 24, in December 1991. I remained in the role until January 2006, when I resigned to become legal director at the Bozano group.

In private practice, I have had the opportunity to defend both public officials and private companies, especially in relation to Laws 8.429/92 and 12.846/2013. I was also interviewed by Veja magazine’s Yellow Pages section in August 2014, where I discussed the emerging risks associated with the fragmentation of Law 12.846/2013.

In 2016, I served as Minister of the Federal Attorney General’s Office, where I helped strengthen the Union’s legitimacy in bringing administrative improbity actions and negotiating leniency agreements under Law 12.846/2013. During this time, we also successfully passed Law 13.327/2016, which instituted the payment of attorneys’ fees for federal public attorneys.

In this context, Medina Osório Advogados is recognized for its expertise in compliance, public ethics, administrative sanctions law, and anti-corruption legislation. It also stands out for having seasoned partners with significant experience in the public sector, who bring deep knowledge in strategic areas such as the national financial system, capital markets, tax law, and economic criminal law.

The firm is known for offering tailored solutions using artificial intelligence, especially in facilitating swift agreements with public administration bodies, regulatory agencies, and public prosecutors. We also emphasize prevention of legal problems and illicit activities.

One key differentiator of Medina Osório Advogados is our deep knowledge of administrative sanctions law, a field in which we were pioneers in Brazil. Our expertise in this discipline has positioned us as a national benchmark, both academically and in legal practice. It is important to note that Administrative Sanctions Law intersects with various strategic areas of contemporary law, such as environmental law, capital markets, the national financial system, Disciplinary Law, Competition Law, Economic Law, Financial Law, Banking Law, Tax Law, administrative improbity, and corporate improbity. The work of several oversight bodies—including courts of auditors, regulatory agencies, the Central Bank, the National Financial System Appeals Council, the Administrative Council for Economic Defense, the Federal Attorney General’s Office, the Federal Comptroller General’s Office, and various prosecutors and state attorneys general—is influenced by this field.

Given the principle of non bis in idem and the interface between different legal instances, it is essential that we provide our clients with comprehensive guidance, particularly when navigating both criminal law and administrative sanctions law.

Additionally, the firm’s compliance practice is another highlight. This area falls within the realm of punitive public law, which spans both administrative sanctions law and criminal law. Our specialized focus allows us to offer bespoke services that distinguish us as a firm committed to highly tailored legal solutions.

Moreover, I would like to emphasize our firm’s expertise in strategic agreements. My background in environmental law, having served as an environmental prosecutor in Rio Grande do Sul’s Public Prosecutor’s Office, as director of the Brazilian Association of Environmental Prosecutors, and in my role as Deputy Secretary of Justice and Public Security for Rio Grande do Sul (2003-2005) and Minister of the Federal Attorney General’s Office (2016), equips me with the experience necessary for facilitating strategic agreements. Similarly, our partners bring public sector experience from roles in the Public Prosecutor’s Office, State Attorney’s Office, and the Securities and Exchange Commission, where consensual instruments are commonly used. In this regard, we believe that problem-solving through agreements is one of our firm’s great strengths.

The team of highly specialized partners, each working directly with clients and collaboratively drafting legal documents, is another distinguishing factor of the firm.

In summary, Medina Osório Advogados is one of the most bespoke law firms in Brazil, offering highly specialized services.

 

Which practices do you see growing over the next 12 months? What are the drivers behind this?

FMO: Over the next 12 months and beyond, I foresee significant growth in the use of artificial intelligence across all sectors, including law firms. This shift is inevitable. We are already witnessing the integration of generative artificial intelligence tools in the justice system, including in the Public Prosecutor’s Office and the Judiciary, as well as within public administration. These technological advancements will profoundly impact the legal profession, particularly in large firms. On one hand, they will reduce operational structures and costs, while optimizing efficiency. On the other hand, they will expand access to justice and increase competitiveness across all sectors.

Artificial intelligence will allow legal professionals to process information, cases, and situations more swiftly, dynamically, and comprehensively. Law firms with a more personalized approach—those focused on institutional relationships and direct client service through senior partners—will need to adapt to the culture of artificial intelligence and data security technologies. However, human relationships and strategic insights, as provided by senior partners, remain irreplaceable. Furthermore, human intelligence, combined with deep expertise, plays a critical role in interacting with artificial intelligence.

The Digital Age also plays a key role, as clients increasingly require defense of their reputations in the digital space. Compliance itself is part of the digital environment and relies on artificial intelligence tools. This broader transformation is and will continue to have a significant impact on the legal profession.

 

What was the main change you made at the firm that will benefit clients?

FMO: The main change we’ve made at Medina Osório Advogados is embracing technology and artificial intelligence, along with strengthening information security, expanding our networks, and intensifying the use of advanced AI tools. We have adapted to these new paradigms, positioning the firm to operate within this evolving technological landscape.

We have also adjusted our approach to better protect our clients’ rights in the Digital Age. Medina Osório Advogados aims to serve clients with a contemporary technological infrastructure that aligns with the digital and technological realities of today’s world. Our priorities include information security, confidentiality, and a rapid response to client needs. At the same time, we focus on aligning risks with appropriate compliance solutions and designing realistic scenarios in collaboration with our clients.

The management of knowledge and information in the digital space, coupled with the production of intelligence, is essential to achieving these goals.

 

Is technology changing the way you interact with your clients and the services you can provide them?

FMO: As I mentioned earlier, technology and artificial intelligence are reshaping the lawyer-client relationship. The impact of these changes is profound, fostering new alignments and more realistic expectations regarding potential outcomes and risks in legal disputes.

Clients today are increasingly pragmatic, seeking results-based solutions and anticipating the risks involved. In response, lawyers must build a relationship of trust, advising clients in a transparent, reliable, and realistic manner while ensuring the confidentiality and security of their information.

To illustrate this shift, consider a corporate lawsuit where the firm assesses the real risk of a claim for a client. We engage in in-depth document analysis and, if necessary, conduct preliminary investigations—sometimes even before a contract is signed. Success in such cases may depend not just on litigation, but also on parallel investigative strategies and strategic lawsuits aimed at negotiating settlements.

Similarly, when advising clients about a potential settlement with a government entity, we assess the optimal timing for proposing a deal. The goal is to advance the litigation until the client achieves a favorable position, which allows for a more advantageous and realistic settlement agreement with the public entity.

 

Can you give us a practical example of how you helped a client add value to their business?

FMO: Medina Osório Advogados assists clients not only in legal defense but also in project and business development. For these types of scenarios, our clients benefit from the collective experience of both the senior partner and other experts within the firm, each contributing specialized knowledge in their respective fields.

In strategic business areas, our firm has provided critical advice to clients in decision-making processes related to bidding, due diligence, drafting complex contracts, and navigating mergers and acquisitions.

We have also advised clients in competitive processes where they needed to challenge a competitor’s qualifications in a bidding process. In some cases, clients have sought our strategic guidance to engage in fiscal or tax-related transactions, or to recover debts from public authorities. Here, our experience with public sector entities has proven invaluable, enabling us to effectively manage interactions with government authorities and handle complex legal challenges.

There are many facets of law where a highly specialized, technology-equipped, and personalized law firm can add value.

 

Clients are looking for stability and strategic guidance from their law firms—where do you see the firm in three years’ time?

FMO: I agree with your assessment. Clients increasingly seek legal certainty and stability in their positions. They are looking for firms that are credible, reliable, and focused on delivering quality service, especially those that offer personalized attention and a results-driven approach.

Over the next three years, Medina Osório Advogados aims to deepen its use of technological tools and artificial intelligence as vital resources for delivering services. We will continue strengthening our institutional relationships with decision-makers, recognizing the importance of the three pillars that form the foundation of legal practice: deep technical knowledge, legitimate institutional relationships, and a strategic vision that aligns with the client’s needs.

In the coming years, our goal is to enhance these three pillars, particularly as we work to serve internationalinvestors in Brazil. Foreign companies require tailored legal advice to navigate the complexities of Brazilian legislation. While Brazil presents a highly favorable business environment for foreign capital, success in this market demands specialized, high-quality legal services that provide stability and legal certainty.

Traditionally, this niche has been dominated by larger firms. However, the evolving landscape of contemporary law is changing this dynamic, with clients becoming increasingly aware of the value of personalized service. Our goal is to progressively occupy this space by offering the kind of bespoke legal expertise that larger firms often cannot provide, thus becoming the go-to firm for international investors seeking reliable, high-caliber legal counsel in Brazil.