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Infrastructure and energy
Corporate conflicts in judicial reorganizations
In view of Brazil's current economic scenario, many companies have filed applications for judicial reorganization as a way of renegotiating their debts in order to maintain their activities and carry out their corporate purpose. Often, they must...
The new National Railway Development Fund
Presidential Decree (MP) No. 845/18, published on July 20, established the National Railway Development Fund (FNDF), with the objective of allocating resources to the national railway system. The FNDF will give priority to the implementation of the...
Sanitation Presidential Decree favors structuring of new projects
Awaited since November of 2017, the Sanitation Presidential Decree was finally promulgated on July 9. Despite the differences with respect to the versions submitted for public consultation, the rule maintained its foundations, which, if confirmed...
5th round of concessions: the movement of the airport infrastructure sector
On May 29, the federal government published the initial drafts of the call for bids and concession contract for the new round of federal concessions, which will include 13 airports, distributed in three blocks: Northeast Block: Recife (PE), Maceió...
Antaq contemplates provisions of Decree No. 9,048/17 in its regulations
Antaq contemplated the main changes brought in by Decree No. 9,048/17 in relation to private port terminals (TUPs) in Normative Resolution No. 20/2018, published in May of this year, and revoked the previous resolution on the subject (Resolution...
Brazil-US open skies agreement awaits only presidential decree to take effect
After the approval and promulgation of Legislative Decree No. 15/2018 by the Federal Senate, on March 20, the Agreement on Air Transport between Brazil and the United States (Open Skies), signed by former presidents Dilma Rousseff and Barak Obama...
New bids in the port sector: investment opportunities
The public notice for projects qualified during the fifth meeting of the Council of the Investment Partnership Program (CPPI), held on March 25, is expected to be published by next quarter, and the auction is expected to be held later this year for...
BNDES: new interest rates benefit infrastructure
In accordance with a "strategic reflection" process that redefines its central role in financing transactions to a profile that is more complementary to the capital market, BNDES has announced new financing conditions that establish priority areas...
Reform of the electricity sector and incentives for renewable energy sources
The Ministry of Mines and Energy (MME) submitted to the President of Brazil a proposed bill (PL) relating to the reform of the electric sector and covering a variety of significant changes to the sector that have long been awaited. The final text...
A review of the decision on the validity in Brazil of maritime mortgages registered abroad
The validity of maritime mortgages registered abroad has been subject to judicial battles for the past few years in Brazil, in the context of the OSX 3 Leasing B.V. case. The debate has finally reached a positive outcome for creditors, represented...
New framework for regulatory agencies
Since the Social Security Reform failed, the Federal Government announced that it will prioritize institutional micro-reforms. One of them is the new framework for regulatory agencies, the subject of Senate Bill (PLS) No. 52/2013. The new framework...
Procedures for formalizing the fiduciary assignment of receivables from CCEARs and CERs
The expansion of the power sector, one of the flagships in Brazil's infrastructure, has been assured in recent years by investments obtained in several auctions of new, existing, and reserve energy held by the Federal Government through the...
Changes in mining regulations advance, but leave much to be desired
After lengthy discussions, at the end of November the Federal Senate approved two presidential decrees that alter the legislative environment of the mining sector. MP 789, which modifies the rules of Financial Compensation for the Exploration of...
Ministry of Transport "broadens" scope of Highways Provisional Presidential Order
The scope of application of Provisional Presidential Order No. 800/2017, popularly known as the Highways MP, became clearer with Ordinance No. 945/2017, published by the Ministry of Transport, Ports, and Civil Aviation on November 16. Published in...
São Paulo's Privatization Plan
The Municipality of São Paulo approved its Privatization Plan, which had been awaited since the first months of the new administration, when ideas about the privatization of municipal companies and other assets, as well as concessions for services...
Highways MP gives more time for concessionaire to make investments
Presidential Provisional Measure No. 800/2017, popularly known as the “Highways PM,” establishes rescheduling of investments as a new regulatory tool for federal highway concession contracts. Subject to future regulation by the Ministry of...
Reform in the mining sector
On July 25, Brazil’s federal government sent to the National Congress three provisional presidential decrees that reform the mining sector in Brazil. The proposal is to adopt a model that adjusts the reality of this industry in Brazil to the...
The Sabesp corporate reorganization project
The São Paulo State Government forwarded to the State Legislature Draft Bill No. 659/2017, which provides for the corporate reorganization of Companhia de Saneamento Básico de São Paulo – SABESP (São Paulo Basic Sanitation Company). Sent on...
Rebidding of Viracopos Airport: first case based on Law No. 13,488/17
After a severe financial crisis, the shareholders of the concessionaire Aeroportos Brasil Viracopos S.A. (ABV) decided to request the rebidding of the concession contract for the Viracopos Airport based on Law No. 13,488/2017. This will be the...
Effects of the “fiduciary” security interest system on infrastructure projects in Brazil
The recovery of the Brazilian economy necessarily requires resumption of industrial activities and investments in large infrastructure projects. It is not difficult to conclude that an essential condition for this goal is the agile and direct...
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