Décio Policastro

Education

• Bachelor of Laws from the Mackenzie Presbyterian University Law School (1963);
• Specialization in Civil Procedural Law from Mackenzie University (1965).

Languages

• Portuguese.

Highlights

• Recommended by LatinLawyer 250 (2007 to 2023) for his work in the litigation segment and by Latin Lawyer National (2020);
• Recognized for his professional excellence by the Best Lawyers Brazil guide (2021 and 2023), in the Litigation area;
• Awarded by the Brazilian Bar Association, São Paulo Section, with the Laurel of Recognition, in honor of his 50 years of graduation (2014);
• Recognized by Who’s Who Legal Brazil (2009 and 2010) in the area of Commercial Litigation. He is described as a “respected and traditional leader of Araújo e Policastro Advogados’ Litigation team, valued for his knowledge and established client base”. The English publication seeks to identify lawyers who are recognized as benchmarks in their area of practice;
• Awarded by the Constitution and Justice Committee of the Legislative Assembly of the State of São Paulo with a Certificate of Honor for having participated in the drafting of the Code of Procedural Law of the State of São Paulo (2009);
• Recognized as one of Brazil’s leading litigation lawyers by the International Who’s Who of Commercial Litigators (2009).

Positions and jobs

• Retired Associate and former Board Member of the São Paulo Lawyers Institute (IASP);
• Honorary Member and Coordinator of the Legal Education and Relations with Colleges Committee of the Center for Studies of Law Firms (CESA);
• Member and former Consultant of the Standing Committee on Law Firms of the Brazilian Bar Association (OAB), São Paulo Section, 1998-2018;
• He chaired the Competition Law and International Trade Commission of the São Paulo Lawyers Institute (IASP), 2003-2005;
• Professor of Commercial Law and Procedural Practice at Faculdades Metropolitanas Unidas de São Paulo (FMU), 1988-1992;
• Member of the Examining Board of the Brazilian Bar Association (OAB) – São Paulo Section – for the admission of new lawyers (1972-1979);
• Member of the São Paulo Lawyers Association (AASP).

Main publications

• Article “Plastic surgeries – the reality of a dream”, Migalhas – legal news portal (Dec/2018);
• Article “On organ donations and transplants”, Portal Associação Brasileira de Transplante de Órgãos – ABTO and Portal da Associação Brasileira de Transplantados – ABTX (Jun/2018);
• Article “Health, Spirituality and Religion”, Suplemento Cultural da Revista da Associação Paulista de Medicina – APM (Nov/2017), Portal do CFM (Jun/2018) and Folha Vascular da Sociedade Brasileira de Angiologia e de Cirurgia Vascular – SP (Aug/2018);
• Interviews with TV Aberta, program “Questão de Justiça”, on Medical Error (Mar/2017 and Apr/2018);
• Interviews with TV Aberta, program “Questão de Justiça”, on Plastic Surgeries (September and October/2018);
• Book “Code of Ethical and Professional Medical Procedure and its Application” (3rd edition, 2018, Editora Del Rey);
• Book “Cartilha do Estagiário” (coordinator, various authors, 2017, Center for Law Firm Studies;
• Book “Patients and Doctors – their rights and responsibilities” (1st edition, 2016, Editora Del Rey);
• Book “Erro Médico e suas consequências jurídicas” (4th edition, revised, expanded and updated, 2013, Editora Del Rey);
• Article “The patient’s free will and advance directives – Resolution 1.995/2012 of the Federal Council of Medicine”, Migalhas online, 13/set/2012;
• “O Processo Disciplinar dos Médicos”, chapter in the Journal of the São Paulo Lawyers Institute – RIASP – Repertório de Jurisprudência authorized by the Federal Regional Court of the 5th Region, Year 15, vol. 29, Jan-Jun/2012;
• Article “O resultado médico indesejado na visão do Direito”, Migalhas online (Jul/2011); Portal Saúde Web, of the Federal Council of Medicine – CFM (Aug/2011), Portal Associação Paulista de Medicina – APM (Oct/2011) and Portal da Federação dos Hospitais e Estabelecimentos de Serviços de Saúde do Estado do Rio de Janeiro – FEHERJ (Sep/2011);
• Interview “Medical issues and the law”, Tribuna do Direito newspaper (Apr/2011);
• “Jehovah’s Witnesses and blood transfusion”, article published on the Consultor Jurídico website, January 18, 2011;
• “Cuidados Paliativos”, Meaning Magazine, p.36, issue 07, year 3, 2010;
• “The Civil Liability of the Anesthesiologist and the Surgeon”, Meaning Magazine, p.38, Sep/2009;
• “Family members can sue doctors and services”, article published in the newspaper Diário do Grande ABC (August 16, 2009);
• “Law recognizes paternity even without DNA”, article published in the Folha de S. Paulo newspaper (31/Jul/2009);
• “Life as a stepmother”, article published in Elas & Lucros magazine, Jul/2009;
• “Sleeping with the partner”, article published in the magazine Elas & Lucros, Jan/2009;
• “Damage Control – The definition of the property regime can prevent the dilapidation of assets in the event of separation”, Estadão Invest Magazine, 09/Feb/2007;
• “As Tragédias Aeronáuticas e as Indenizações”, article together with lawyer Rogério Felippe da Silva, Valor Econômico newspaper, Legislation & Taxes section, p.E2, 06/Dec/2006;
• “Surviving Spouse’s Right to Inheritance” (article), ADCOAS Newsletter, nº66, Jan/2004;
• “Successions and the New Brazilian Civil Code” (article), Folhamatic Bulletin, nº14/03, Apr/2003;
• “Practical summary of the main innovations in the Civil Code”, Revista Consultor Jurídico, Published by ASTA Médica Ltda, 09/Jan/2003;
• “Changes to the Articles of Association of Limited Liability Companies”, Revista Consultor Jurídico, 03/Dec/2002;
• “Divorce – Recognition in Brazil of that Performed Abroad”, Revista dos Tribunais 525/279, Jul/1979;
• “Procedural Piece Perceived as Compulsory in Interlocutory Appeal and Precedent 223 of the Supreme Court of Justice”, (Revista de Processo 100/127, Oct-Dec/2000), together with the lawyer Cristina de Cássia Bertaco. The thesis supported in this work was recognized by the Fourth Panel of the Superior Court of Justice (AGRG no AG 261462-AM, DJ 12/Apr/2002);
• “Natureza Jurídica do Pronunciamento Judicial que Manda Prepara e Concluir para o Julgamento Antecipado da Lide” (Revista de Processo 68/143 – Oct-Dec/1992), together with lawyer Cristina de Cássia Bertaco;
• Together with lawyer Odilo Antunes de Siqueira Neto: “The question of compensation for public works during execution and after completion – The consequences of traffic detour”, Boletim Repertório de Jurisprudência IOB, 2nd half of August, nº16, pp. 594/592, 2004;
• Author of articles and commentaries published in newspapers and specialized legal magazines;
• Author of studies published in Revista dos Tribunais and Revista de Processo (official directories of the Brazilian Courts), cited by authors of legal works, thesis statements and court decisions.