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
Part I
Essays
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
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
________
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).
________