Infrastructure Law of Brazil

Competition Law – Regulatory Agencies – Public Procurement – Public-Private Partnerships – Government Contracts – Arbitration – Enforcement of Judgments and Awards against State Parties Bilingual versions of Relevant Statutes

The idea of writing this book came as a natural result of our professional activity as partners of Justen, Pereira, Oliveira & Talamini - Advogados Associados, a Brazilian law firm specialized in infrastructure law, public procurement, government contracts and arbitration.

We have noticed a lack of specialized material in English dealing with certain aspects of Brazilian law that could be of interest to a foreign lawyer or investor involved with Brazil. There are several good publications in English about Brazilian legal issues, but none seemed to have precisely the focus we intended to place on infrastructure law.

In addition to a collection of essays dealing with crucial aspects of Brazilian infrastructure law, we offer the reader bilingual versions of law texts that are essential for understanding the Brazilian legal system in the relevant areas.

We trust that this can be a useful tool for the foreign practitioner who is involved with legal matters in Brazil.

A migalheira cosmopolita Deandréia Gava Huber, do jurídico regional da Petrobrás/SE-AL, é a ganhadora do exemplar da obra "Infrastructure Law of Brazil", da Editora Fórum, coordenada por Marçal Justen Filho e Cesar A. Guimarães Pereira, do escritório Justen, Pereira, Oliveira & Talamini - Advogados Associados.

Contents

  • Preface and Acknowledgments
  • Notes on Contributors

Part I

Essays

  • An Overview of Brazilian Law
    Marçal Justen Filho
  • Control of the Independent Regulatory Agencies
    Alexandre Wagner Nester
  • Administrative Procedure and the Independent Regulatory Agencies
    André Guskow Cardoso
  • Rulemaking Power of Independent Regulatory Agencies in Brazil
    Diogo Albaneze Gomes Ribeiro
  • Competition Law Enforcement in Regulated Sectors
    Marçal Justen Neto
  • Public Procurement: General Rules
    Cesar A. Guimarães Pereira
  • Reverse Auction as a Method of Public Procurement
    Ana Lucia Ikenaga
    , Mayara Ruski Augusto Sá, Thalita Bizerril Duleba Mendes
  • Public Procurement Financed by International Agencies in Brazil
    Rafael Wallbach Schwind
  • The System of Protests and Appeals in Brazilian Public Biddings Law
    William Romero
  • Public Procurement by State Governments
    Dina Oliveira de Castro Alves
  • Government Contracts in Brazilian Law
    Aline Lícia Klein
    , Guilherme Fredherico Dias Reisdorfer, Karlin Olbertz
  • Concessions of Public Service
    Cesar A. Guimarães Pereira
  • Public-Private Partnerships (PPP) in Brazil
    Fernão Justen de Oliveira
  • Enforcement of Pecuniary Credits against State Parties
    Eduardo Talamini
  • Brazil in the Context of International Arbitration
    Mauricio Gomm Santos
    , Quinn Smith
  • Arbitration in Brazil
    Felipe Scripes Wladeck
    , Paulo Osternack Amaral
  • Recognition of Foreign Judgments and Awards
    Cesar A. Guimarães Pereira

Part II

Bilingual Versions of Relevant Statutes

  • Brazilian Federal Constitution – Excerpts
  • Law n. 8.666/1993 (Biddings and government contracts)
  • PPM n. 495/2010 ("Buy National" preferencesin biddings) – Excerpt
  • Law n. 10.520/2002 (Reverse auction)
  • Law n. 8.987/1995 (Concessions of public services)
  • Law n. 9.074/1995 (Concessions of public services) – Excerpts
  • Law n. 11.079/2004 (Public-Private Partnerships – PPP) – Excerpts
  • Code of Civil Procedure of 1973 – Excerpts
  • Law n. 9.307/1996 (Arbitration)
  • Resolution STJ n. 9/2005 (Recognition of foreign judgments)

Part III

Additional Reference Material

  • Brazilian Legislation Relating to Government Infrastructure Contracts and Projects
  • Brazilian Infrastructure Law Reference Websites
  • Glossary

________

Marçal Justen Filho is the founder of Justen, Pereira, Oliveira & Talamini - Advogados Associadosand for the past 25 years has led it to grow into a leading law firm in the fields of regulation, infrastructure and government contracts in Brazil. He is internationally acknowledged as a prominent specialist and has been repeatedly nominated as a distinguished lawyer in the areas of public procurement and infrastructure by peer-appointed Who’s Who Legal and its Brazilian counterpart Análise Advocacia. His academic achievements include a PhD in Public Law from PUC-SP (1985), a full professorship for 28 years at UFPR and visiting positions at Yale Law School and the European University Institute (Italy). Among his many articles and books are Curso de Direito Administrativo (6th edition, 2010) and Comentários à Lei de Licitações e Contratos Administrativos (14th edition, 2010), arguably the most read work on public procurement and government contracts in print in Brazil.

Cesar A. Guimarães Pereira is a Brazilian attorney and senior partner of Justen, Pereira, Oliveira & Talamini - Advogados Associados. His active practice is focused on public procurement and infrastructure law in Brazil. He holds an LL.M (1998) and a PhD (2005) in Public Law from PUC-SP and has published or co-edited articles and books on matters related to public law and arbitration, such as Usuários de serviços públicos (2nd edition, 2008) and Arbitragem e poder público (2010). He is a director of the arbitration center of the Federation of Industries of Paraná (CAIEP).

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