Public, Regulatory, and Infrastructure Law

Public, Regulatory, and Infrastructure Law

Our firm has significant expertise in advisory and litigation cases in Public Law, including Administrative Law, Regulatory Law, and Infrastructure. We provide specialized and strategic assistance in a wide range of topics, including public tenders, administrative contracts, defense in sanctioning procedures before the Administration, monitoring of civil investigations before Public Prosecutors’ Offices, representations before the Federal and State Audit Courts, regulation of economic sectors, advising clients in their relationship with public authorities and regulatory agencies, expression of interest procedures, as well as concessions, privatizations, and public-private partnerships in infrastructure projects, and chapters in legal audits (due diligence).


Public

Consultancy, defense, and legal opinions on Administrative Law topics.

Public tenders and administrative contracts:

  • Assistance with public consultations and public hearings;
  • Analysis of requests for proposals and drafts of contracts and strategic advice for participation in bidding processes, objections to requests of proposals and administrative appeals;
  • Representations and complaints about irregularities before the Courts of Accounts;
  • Advice on unenforceable or waived bidding procedures;
  • Consulting on administrative contracts, drafting economic and financial rebalancing claims, contract extensions and resolutions of impasses in contractual relations with public entities;
  • Defense in proceedings involving administrative sanctions (warning, fine, suspension and impediment to participating in bidding processes and declaration of unsuitability).

 

Regulatory

  • Consultancy on laws and normative acts involving the regulation of the economic sectors of defense (arms and ammunition), mining, transport, highways, ports, oil and gas, electricity and solar energy, basic sanitation, solid waste, chemicals, graphic products, health services, medical and hospital products and information technology;
  • Legal advice on applications for permits and administrative licenses, preparation of legal opinions;
  • Advice to clients on the compliance with applicable rules;
  • Advice on procedures before regulatory agencies and monitoring of legislative changes and communications to client.


Infrastructure

  • Structuring and advising on public-private partnerships (PPP), privatizations, permits and concession contracts;
  • Assistance in procedures for expression of interest and public calls;
  • Advising on infrastructure projects in the transport, highway, railroad, port, airport, construction, oil and gas, electricity generation, solar energy, water and sanitation and solid waste sectors;
  • Advice on international investments in Brazil.

 

Some of the main activities in the area are:

  • Strategic advisory in national and international tenders for weapons and ammunition, medical-hospital products, and educational systems;
  • Providing training to clients on compliance and best practices in tenders;
  • Contributions in the public consultation and public hearing phase;
  • Advisory on procedures for exemption and non-applicability of tender processes;
  • Legal actions and representations to Audit Courts for irregularities in tenders and administrative contracts;
  • Defense of clients in the defense sector in administrative proceedings before public security agencies and Audit Courts;
  • Defense of clients in the healthcare sector in the application of contractual and/or administrative penalties;
  • Advisory to a large European group in contract negotiations for construction projects;
  • Defense of client interests in civil investigations and support in negotiating Conduct Adjustment Terms (TAC);
  • Defenses in administrative proceedings before municipal and state heritage preservation bodies;
  • Regulatory issues involving the manufacturing and commercialization of products controlled by the Brazilian Army (PCE);
  • Chapters on legal audits regarding regulatory aspects for clients in the transportation and logistics sectors;
  • Assistance to clients in the medical-hospital and graphic sectors in compliance with regulatory norms;
  • Legal assistance in contracting with state-owned companies, requests for economic and financial rebalancing, and contract extensions for clients in the Information Technology sector;
  • Advisory to national and foreign clients in forming consortia and joint ventures to participate in tenders for major infrastructure projects related to construction and urban mobility;
  • Advisory to a foreign client in a potential investment in infrastructure assets of a company under judicial recovery;
  • Advisory in Public-Private Partnership (PPP) projects and processes of expropriation for public utility purposes.

Professionals

Maria Isabel Lima 

Partner

See

André Martin 

Partner

See

Marcela Matheus

Associate

See

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