A few days after US President Donald Trump’s announcement, which he intends to raise for Brazilian products from August 1, the exporting sector has already started to do the accounts and recalculate the route. To help at this time, the Infomoney He went to listen to experts to know what it is possible to do in these cases.
Lawyers’ guidance is clear: consider the tariff as real, even if it can be changed. “Get ready as if the fare would come into force, but negotiate as if it were still reversible,” advises Júlio César Soares, a specialist in Tax and Customs Law.
Renata Emery, a partner and co-head of the Tozzinifreire tax area, says the first step is to review contractual clauses, especially in previous contracts, to evaluate possibilities for cancellation, economic rebalancing or renegotiation.
“Export contracts usually provide mechanisms for dealing with tariff variations. If the burden is excessive, it is possible to discuss price review or even termination without fine,” she explains. Depending on the situation, you can trigger force majeure clauses used when external events make the contract unbalanced.
Very noise
Despite the noise, the measure is not yet definitive. This is not the first time the US government has threatened to tax Brazil – the proposal has come in April, was postponed to July 9 and now, once again, postponed to August, with a much higher rate.
President Trump’s history shows that this type of ad is usually part of a strategy: speaking thick, generating impact, making room for bargain and, if there is a retreat on the other side, claim the credit of victory. While the outcome does not come, Brazilian exporters, especially small and medium, with no structure to deal with international tariffs, live a scenario of increasing insecurity.
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“The biggest damage at this time is not tariff, but governance,” explains Soares. According to the specificist, the comes and goes from Trump statements generates strategic uncertainty, which especially penalizes minor companies, without legal departments or international tax intelligence. “The scenario discourages shipments, delays planning and compromises Brazil’s competitiveness in markets where predictability is a basic condition.”
Small and medium seek help
For the small and medium exporters, the situation is especially critical. This has demanded legal support from these companies exploding in recent weeks. Elias Menegale, from Paschoini Advogados, says many are “desperate, not knowing how to act.”
According to him, the office, which once received an exporter every 10 days, began to serve five to eight new cases a week since the first Tarump fare ads. Most doubts involve financial impact, contract validity, review clauses and search for market alternatives.
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He points out that smaller companies operate with tight margins and have no financial reserves to face turbulent periods. “The role of the lawyer in these cases is to calm, technically guide and help build an action plan.”
Regulatory chaos
Given the regulatory chaos, started since April, specialized offices in international, tax and customs trade were already being sought by companies of all sizes. “Many search from technical opinions to strategies to renegotiate contracts or redirect loads to other countries,” says Fabrício Pasquot of Lo Baptista.
For Tania Laredo, from Gaia Silva Gaede, even with all the pressure, the moment is cautious and planning. “Exporters should seek legal advice, monitor the consequences daily and especially understand if there will be commercial viability in the face of the new tariff.”
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Political motivation, commercial impact
Although the Trump government’s rhetoric suggests that the measure is a retaliation because of the situation of former President Jair Bolsonaro, the experts heard by Infomoney They believe that political motivations, especially with the discomfort with the news of the last meeting of the Brics countries, closed on Monday (7), can change.
“This is a non-economic political act. Therefore, there is room for dialogue and negotiation,” says Renata Emery. She ponders that a response based on reciprocity, with Brazil also taxing American products, would require care not to harm her own internal supply, especially in areas such as fuel and medicines.
Export where?
Faced with the perspective of higher tariffs, lawyers recommend that Brazilian companies begin to diversify markets and look for more stable agreements. “The most pragmatic at this time is to look for other buyers,” says Emery.
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According to foreign trade data, Brazil was already facing an average rate of 10% in exports to the United States. With an increase to 50%, the rate would jump to 60%, placing Brazilian products at a large competitive disadvantage against suppliers from countries such as Mexico, Canada and South Africa.
“This is one of those moments when entrepreneurs need to prepare for the worst, but maintain the strategy focused on the best possible scenario,” summarizes Morvan Meirelles Costa Junior, from Meirelles Costa Advogados. “Resilience and adaptability will be the largest assets of the Brazilian exporter.”
Andrey Lyncon, a lawyer at Schiefler Advocacia, agrees and advises entrepreneurs to avoid hasty decisions. “Experience shows that tariff ads like this are often part of a political pressure strategy, and can be reviewed before its effective application.”
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Unsustainable rate
Specialist in US visas and immigration to the United States, Guilherme Vieira, CEO of On -Set International Consulting, believes that this new tax is unsustainable for both sides and recommends caution. “This type of measure harms not only Brazil, but also the United States.”
According to Vieira, this is a classic Trump -style negotiation move: it raises the tone, imposes maximum pressure, and makes room for the other party to come to the table, negotiate, and accept to make concessions. “The date set to start the tax is only August 1, 2025 so showing that the real intention is to negotiate before.”
It also recommends that exporters evaluate the possibility of opening a branch or headquarters on US soil. “More and more exporters are setting up structure there to have a base and facilitate direct business, reducing the impact of tariffs, improving client confidence, and bringing more legal certainty. In addition, the United States still have many incentives to companies that settle there as a result of the American policy, which remains strong.”
Although it recognizes that partial or total relocation of manufacturing processes within the United States may be a way out – especially through strategic partnerships with local businesses, outsourcing or even joint ventures – tax lawyer Leonardo Roesler believes that such repositioning requires large investments as well as sophisticated corporate and tax structuring. “Such factors may exclude small and medium producers from the immediate possibility of adapting through this way. But in the face of so many uncertainties it is essential to start redesigning their operation to increase resiliences to distress like these,” he said.
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