Ana Beatriz M. Kesselring
Academic backgroundGraduated at the School of Law of the Catholic University of São Paulo – PUC/SP (1993), JD degree; Master’s degree (LLM) in Ocean and Coastal Law obtained in 2002 and in Comparative Law in 2003 – both courses undertaken at the University of Miami, Coral Gables, Florida. Postgraduation in Constitutional Law concluded in 2022, with final paper, on the protection of the fundamental rights of indigenous peoples and the constitutional principle of the prohibition of retrogression. Extension course in Indigenous Law and Policy in Brazil, at Catholic University of Rio de Janeiro – PUC/RJ.
Also certified in Business Administration, by the University of California at Berkeley, 1995, and Post Graduate degree in Diffuse and Collective Rights obtained at the Higher School of District Attorneys of São Paulo (Escola Superior do Ministério Público de São Paulo), 1994.
Professional ExperiencePartner of Sales e Kesselring Advogados, a law firm established in October 2012. Prior to that, Ana Beatriz developed her career as an Associate Attorney and later became a Partner in the Environmental, Consumer Protection, Climate Change and Social Responsibility areas at a major international law firm (1998-2012). Throughout her career, Ana Beatriz has assisted companies in many different markets, as well as associations and governmental entities.
Her work experience includes legal aspects assessments, definition and management of business and litigation strategies related to negotiations, corporate deals, governance and social responsibility issues, considering the multidiscipline features of sustainability. Her experience has been built based on specific knowledge in her fields of practice, integrated to her experience in projects and negotiations involving not only other legal areas, but also partnerships in the technical, economic and trade areas, which enables to have a sharp vision of the nature of the client’s business and point out a legal solution that best fits the client’s needs. Her engagement also includes speeches in Brazil and the U.S., and she has written several articles for major magazines and newspapers. In regard to the specific fields of law, she has solid knowledge of environment related issues, particularly compliance management and commercial transactions.
In the last years, she has focused her studies and work in projects involving traditional communities, especially indigenous peoples, having taken an Indigenous Law course at PUC/RJ and a Post Graduation in Constitutional Law, with final paper on the protection of the fundamental rights of indigenous peoples and the constitutional principle of the prohibition of retrogression.
In the compliance area, her work experience includes the management of environmental issues to fulfill the legal requirements in a preventive manner and also conduct of business strategies or dispute resolution at the arbitration, administrative and judicial levels, mainly those concerning the management of contaminated sites, the different aspects of industrial and ocean pollution, environmental aspects of agrarian and forestation activities, implantation of environmental management programs, including solid wastes and reverse logistics. In the commercial transaction area, Ana Beatriz has vast experience in the assessment of environmental aspects in different forms of deals, such as mergers & acquisitions, issuances of securities in Brazil and abroad (IPOs, debentures, bonds), privatizations, project finance, up from the due diligence stage until the negotiation of contractual clauses allocating responsibilities and post-closing assessment and implementation plans.
Her approximately 20 years of work experience in the environmental area covers diverse market segments, including the chemicals and petrochemical areas, energy, land and forest exploitation, automobile, consumer products, among other segments, in addition to the regulated markets such as energy, oil & gas, telecommunications and commercial deals involving ports, terminals and ships. In the consumer relations field, she assists companies and organizations in the different issues related to services and products, consistent with the consumer protection rules, including the analysis of consumer protection law in commercial contracts and deals, judicial and administrative disputes; negotiated solutions with authorities and consumers; execution of Consent Agreements with the relevant authorities; analysis, planning and supervision of the legal aspects of product recalls, advertising campaigns and marketing strategies; aspects of consumer protection law in the Internet; development of preventive policies and strategies for companies. She also has solid knowledge of forest issues, working in an integrated manner in relation to climate change and payment of environmental services (PSA) issues.
In the field of social responsibility, she combines her expertise in the integration of the legal aspects with the other sustainability areas. Ana Beatriz is also experienced in pro-bono legal assistance, having comprised the Decision Board of Instituto Pro Bono.
AwardsAwards Ana Beatriz received several awards, among which the Análise Advocacia Mulher (Women Lawyer Review), being one of the most admired admired women in environmental law in Brazil. Análise Advocacia (Lawyer Review) award recognizing her as one of the most admired lawyers in the environmental law field in Brazil, the PLC Which Lawyer award, in environmental law, the Chambers award in environmental law and product liability, in addition to comprising the List of Leaders in Environmental Law of Latin America in the Latin Lawyer publication.
Ana Beatriz was the co-writer of chapters of the book 'Environmental Law and Policy in Latin America' - Brazil Chapter (Baker & McKenzie, 2000), 'Revista de Direito Ambiental nº 45' (Environmental Law Review # 45), published by Editora Revista dos Tribunais, article: 'A Introdução de Espécies Marinhas Exóticas em Águas Brasileiras pela Descarga da Água de lastro de navios' (Introduction of Exotic Marine Specimens in Brazilian Waters resulting from the Release of Ships’ Ballast Water); 'Global Climate Change Guide', (published by CCH and written by lawyers of different law office locations of Baker & McKenzie, October 2008), 'Global Product Recall Handbook' - Brazil Chapter (Baker & Mckenzie, 2009); and wrote various articles for newspapers and magazines and participated in the TV program 'Entre Formigas e Gafanhotos - Caminhos Sustentáveis' (Interview on Sustainable Paths) (TV Ideal channel, December 2008). She wrote the chapter in the book ‘Manual de Project Finance no Direito Brasileiro’: O Dever de Due Diligence Ambiental e a Responsabilidade Ambiental dos Financiadores, no Âmbito de Project Finance’ (Project Finance under Brazilian Law Manual: The Environmental Due Diligence Duty and Environmental Responsibility of the Financers in Project Financing), published by Quartier Latin 2016); a chapter in the book ‘Operações Imobiliárias: Estruturação e Tributação: A realização da due diligence ambiental em negócios jurídicos envolvendo obras em andamento em imóveis urbanos’ (Real Estate Operations: Structuring and Taxation: The environmental due diligence in operations involving construction work in progress in urban properties), published by Editora Saraiva, 2016; chapter in the book ’25 Anos do Código de Defesa do Consumidor: Panorama Atual e Perspectivas Futuras’: ‘Cláusulas Abusivas Comuns na Aquisição de Imóvel em Construção e a Proteção do Consumidor em Juízo’ (25 Years of the Consumer Protection Code: Current Outlook and Future Perspectives), published by Editora GZ, 2017.
Portuguese (native), English (fluent) and Spanish (fluent).