The firm was established in 1991 and it is specialized in providing legal assistance in infrastructure and regulatory matters, including project finance, public bids, public private partnerships and concession projects. We also provide our clients support in corporate, M&A, tax, competition/antitrust, environment, dispute resolution and litigation. The firm has played a central role in all major infrastructure projects since the 90's, offering advice to both public and private players.
Our main practice areas are:
This sector has taken the lead in the process of institutional changes in Brazil in the 1990's, and the firm has had a close connection with the theme since the very beginning of such changes, with strong engagement in the General Telecommunications Act of 1997, in the regulation to structure ANATEL and in the first telecommunications services regulations. Such work has become a reference for other areas. Since then, the firm has been defending a large number of associations, concessionaries and other companies of the sector in judicial and administrative actions. Moreover, the firm has provided consulting services in regulations, contracts and business formation for all the major telecommunications operators in the country.
In a continent-sized country going through a full development process, public transportation is part of an essential infrastructure, which has been receiving heavy investments from both public and private sectors, and the firm has provided consulting services and litigation support for governmental entities, regulatory agencies, highway, railroad and subway concessionaries, and other companies of the sector. Such work involves assistance in procurement and government contracts, unsolicited proposals and requests for information for public concessions, and Public-Private Partnerships involving the design of concession contracts, their environmental and urbanistic features, as well as their funding strategy (obtaining financial resources for the project), and tax strategy.
In an area that has been marked by important institutional changes in the past few years - with quite important redefinitions in the role of the Federal Government, States, and Cities, an extensive review of the regulatory framework, and the resume of investments through concessions, Public-Private Partnerships, or the execution of big public works- the firm has provided advice on legislation and regulation, the design of contracts and bidding documents, legal opinions, contract re-negotiation, and supplied litigation services for the various players in areas such as sewerage and waste treatment, water supply and treatment, river depollution, public cleaning services and residue destination, in addition to the support to partnerships among government entities.
Environment and Urbanism
The world economy has been strongly influenced by the concept of sustainable development, bringing urban-revitalization and environment-related issues into the agenda of both public and private entities. Therefore, the firm has been constantly called in for consulting, legal opinions and litigation support involving urban and environmental legislation, the design of urban operations and Public-Private Partnerships both in the area of forest preservation, creation of logistic complexes, public garage concessions, and the recovery of deteriorated areas.
Oil and Gas
In a heated, pre-salt incensed sector, there is a steep increase in the number of both public and private players. The firm has provided support to important oil and gas companies, besides working in consulting for the pre-salt regulation. It has also provided consulting services to companies in the areas of regulation, contracts, development of new business opportunities, as well as procurement with Petrobras - including contract financial balance claims. The firm also works in the structure of joint ventures between Brazilian and foreign companies in order to enter the local market, including the competition-related features of this kind of business.
An indispensable vector in a process of economic development is that of electric power generation, chiefly to support the activities of the industry and the services sector. This area involves both nonrenewable resources, such as fossil fuels and renewable resources (hydropower, biomass, wind, solar and photovoltaic energy). Because of its strong engagement in the regulatory issues of the area, the firm has been considered a reference, which has resulted in its engagement in providing expert advice, legal opinions, support to contracts and license granting procedures, as well as litigation services involving the regulatory agencies, distributors, concessionaries, independent energy producers, the Federal Government, and other government entities.
Brazil, with its 190 million inhabitants, has gone through a heavy process of development in the past few decades, despite its noticeably high degree of social inequality, which reflects upon areas such as that of Healthcare. The public power's response has been the improvement of the SUS (Single Healthcare System), investments in patent breaks, with encouragement to generic medicine production and regulation of the private healthcare sector - represented by the healthcare plans and regulated by the ANS (National Healthcare Agency). Due to the knowledge built up in the regulation of other sectors, the firm has supported companies, foundations, and NGOs in judicial and administrative actions, as well as consulting for the ANS and the Ministry of Healthcare. The office is also renowned in this area due to its support to the first Public-Private-Partnerships (PPPs) contracts signed in Brazil for hospitals construction, maintenance and provision of healthcare services.
The office is specialized in assisting companies involved with EPC contracts (engineering, procurement and construction contracts). EPC is suited for large infrastructure works and other large-sized facilities, in which the contractor is responsible for the full delivery of the contract's subject matter, including the project, acquisitions, and the execution of the works. These contracts usually include specific financing structures, thus the firm renders a range of services, from drafting and negotiating such contracts to contract management and support in arbitration and litigations issues.
It is apparent that all institutional changes that the country has gone through over the past few decades have impacted other areas, and an ongoing issue is tax law, in which the firm has been involved in the following aspects: defense of companies in administrative and judicial actions against wrongful tax collection; consulting to companies on the impact of taxes to set up new business ventures, and consulting to government entities on tax creation and modernization.
Privatizations, public service concessions, Public-Private-Partnerships, and consortia are a few of the administrative agreements that have become part of the daily life of our economy, which injects more dynamism in our development process, and a broader interface with global economic players. The interest sparkled by Brazil in large multinational conglomerates has called for changes in the domestic economy to ensure survival and growth. The firm's engagement in this institutional modernization has also naturally led it to work in consulting on the process of setting up new businesses, joint ventures, technology transfer, acquisition, merger, company incorporation, state-owned company institutional modernization, and litigation involving shareholders in corporate conflicts.
An obvious effect of globalization in the Brazilian economy is that the relationship between economic agents has gained new elements and started to require the use of new contractual techniques. The challenge of competitiveness in a globalized economy has made businesses more complex, which brings forth constant challenges in drafting and negotiating contract clauses. The firm has therefore been increasingly present in the consulting and negotiation of contracts for companies of different sectors, among which we highlight mining, IT, oil & gas, engineering, transportation, finance, advertising, real estate, and telecommunications.
Upon the analysis of the firm's practice areas already described, it is possible to notice its focus on issues related to the currently-called infrastructure sector, whose strengthening is absolutely natural in a process of economic growth such as that of Brazil. The firm has been thus defended clients of the most varied sectors in public procurement processes, being present in virtually all important public bids carried out in the country in the last few years by the federal government, states and large cities. It has also worked in the design of large business ventures, whether in the public area (concessions and Public-Private-Partnerships - PPPs) or in the private sector (EPC contracts). It has constantly helped the government in reviewing different regulatory frameworks so as to enable investments to be made in a modern and safe institutional environment.
CLIENTS: the firm's clients include government agencies and public authorities, private companies, both national and foreign, especially in construction, railroad, highways, ports, airports, energy, telecommunications, water and sewage, oil and gas, infrastructure, and also financial.