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Infrastructure and energy
Decree 9,957/19: rebidding and new perspectives for the infrastructure sector
The Federal Government published on, August 7, Decree No. 9,957/19, which regulates the procedure for the rebidding of partnership contracts in the highway, railway, and airport sectors. The rules complement the provisions of Chapter III of Law No....
Regulatory Agencies Law preserves key principles of original bill
Law No. 13,848/19, enacted in June, established the new framework for regulatory agencies in Brazil. Originating from Bill No. 52/13, the text signed into law differs very little from what was initially approved by the Senate, in spite of a few...
Perspectives on infrastructure financing in Brazil
The financing of infrastructure projects in Brazil has been undergoing important changes in recent years, caused, among other factors, by redefinition of the role of the National Bank for Economic and Social Development (BNDES) in this type of...
Law No. 13,842 and the new rules for airlines in Brazil
Signed into law by President Jair Bolsonaro with a partial veto, Executive Order (MP) No. 863/18 was converted on June 17th into Law No. 13,842, which extinguished the 20% limit on the participation of foreign capital in Brazilian airlines. Aside...
Lack of quorum will affect Cade’s activities
Competition law experts and businesspersons are following with apprehension the end of the term of office of the commissioners on the Administrative Tribunal of the Administrative Council for Economic Defense (Cade). TheTribunal, which is composed...
Airport concessions: lessons learned, challenges, and new opportunities
Now that the euphoria with the result of the 5th Round of Airport Concessions has passed, an analysis of the results obtained reveals a maturation of the concessions model adopted by the federal government. Choices made in the past, however, still...
Civil liability of managers of EFPCs: comparison between Complementary Law 109 and the Brazilian Corporations Law
The evolution of the Brazilian economy in recent years has brought new challenges to those responsible for the management of closed private pension entities (EFPCs), governed by Complementary Law No. 109/2001 (LC 109) and by Law No. 6,404/1976 (the...
Changes in the proposed opening of the capital of airlines to foreign investment
Executive Order (MP) No. 863/2018, which extinguishes the 20% limit on the participation of foreign capital in Brazilian airlines, should be reviewed by the plenary session of the Chamber of Deputies later this month. On last April 25, the joint...
Offshore wind and photovoltaic projects: the next frontier of renewable energy investment in Brazil?
Approved in the Federal Senate in December of 2018 (PLS 484/17) and currently pending in the Chamber of Deputies, Bill 11,247/18, although controversial, may represent an important advance for the expansion of renewable energy sources in the...
De-bureaucratization Law mandates simplification of requirements and dispensing with formalities
Federal Law No. 13,726/18, or the De-bureaucratization Law, enacted in October, not only authorizes, but also obliges public servants to dispense with or at least simplify formalities or requirements in their dealings with citizens. Among them are...
São Paulo Law Replicates Extension and Rebidding for State Partnership Contracts
In January, the state government of São Paulo enacted Law No. 16,933/2019, which regulates the institutes of contract extension, early extension, and rebidding in the State of São Paulo. This law is similar to the rules set forth in Law No....
ANP presses for advances in the opening of the natural gas market
In a letter sent to Cade, ANP analyzes measures necessary to promote competition in the natural gas market and advocates for the implementation of a gas release program to ensure a smooth transition. The natural gas market in Brazil is undergoing...
Draft legislative decree seeks to modify Antaq's regulations on FSRUs
A draft legislative decree (PDC) is pending before the National Congress which scope is to eliminate the provision for mandatory registration as “support facilities for water transport” of FSRUs (Floating Storage and Regasification Units –...
New Sanitation Executive Order renews and deepens advances for private sector participation
The enactment of a new version of the Sanitation Executive Order took place in the transition between governments at the federal level later this year. The first version of the Executive Order lost its effectiveness due to the expiration of the...
Decree No. 9,616 amends the Gas Law bringing advances in the natural gas industry
On the eve of the end of the government and with frustrated expectations regarding the advance of Bill No. 6,407/2013 (the Gas Bill), President Michel Temer enacted on December 17, Decree No. 9,616 in order to amend Decree No. 7,382/2010, which...
The opening of airlines' capital to foreign investment
On December 13, President Michel Temer signed Presidential Decree (MP) No. 863, which extinguished the 20% limit on the participation of foreign capital in Brazilian airlines. With immediate effect, the MP will allow foreigners to hold up to 100%...
Collision between vessels on the island of Corsica: analysis of the civil liability regime for oil pollution according to international conventions
The collision of the Tunisian-flagged container ship Ulysse with the Cypriot-flagged freighter CLS Virginia near the island of Corsica in the Mediterranean Sea in early October spilled dozens of cubic meters of fuel oil and mobilized French and...
New government will inherit good rail projects to be executed in the short term
In September, BNDES approved four credit transactions for three different companies in the rail sector, totaling almost half a billion Brazilian Reais for the revitalization of lines, maintenance of equipment, and purchases of new railcars and...
Project bonds and the Brazilian market
The infrastructure financing sector in Brazil has undergone significant structural and strategic changes in the last two years. These changes were mainly focused on the strategic redefinition of the National Economic and Social Development Bank...
Ordinance standardizes the terms for classifying projects in the logistics and transportation sector as priorities
With the issuance of GM Ordinance No. 517/2018, the Ministry of Transport, Ports, and Civil Aviation provided guidance, at the beginning of October, on the procedures and requirements for the approval of investment projects as a priority in the...
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