Background
Justen, Pereira, Oliveira & Talamini - Advogados

About Us

Justen, Pereira, Oliveira & Talamini is a leading Brazilian law firm in the fields of infrastructure, regulated services and public procurement. It provides expert legal services to private enterprises and government entities, with a special focus on government contracts, concessions and administrative and regulatory law.

The firm was created by Marçal Justen Filho in 1986. Today it has twenty lawyers in its three offices in São Paulo, Brasília and Curitiba.

In the past fifteen years, the firm has been involved in many of the most relevant and financially significant government-related contracts and transactions in Brazil, either as counsel to participants or as expert advisor to private parties or to the government.

Arbitration and other ADR methods are one of the firm’s main areas of activities. The firm is active in representing parties in arbitration and some of the partners are frequently appointed as arbitrators in international or domestic arbitrations and belong to the directive or consulting boards of arbitration centers.

The firm is based on a strong academic background – all four senior partners hold PhD degrees in their areas and are respected legal authors, with more than twenty books and numerous articles and essays published in Brazil and abroad – and a commitment to excellence and expertise. An important portion of the firm’s business involves the provision of expert legal opinions by Marçal Justen Filho and Eduardo Talamini, partners of the firm and internationally recognized scholars in their respective areas of public law and civil procedure.

Leadership

We are a leading Brazilian law firm in the fields of infrastructure, regulated services and public procurement.

Strong Academic Background

The firm is based on a strong academic background – all four senior partners hold PhD degrees in their areas and are respected legal authors.

Arbitration

The firm is active in representing parties in arbitration and some of the partners are frequently appointed as arbitrators in international or domestic arbitrations.

Government

In the past fifteen years, the firm has been involved in many of the most relevant and financially significant government-related contracts and transactions in Brazil.

Areas of practice

Administrative Law
Ports Regulation
Public Procurement
Communications Regulation
Public Service
Competition Law
Public Utilities
Public-Private Partnerships (PPP)
Energy Regulation
Environmental Regulation
Rail Regulation
Government Concessions and Franchises
Regulated Industries
Government Contracts
Regulation
Government Litigation
Toll Roads Concession
Network Regulation
Transportation Regulation
Oil and Gas Regulation
Waste Management Regulation
Pharmaceutical Products Regulation
Water Supply and Sewerage Regulation
Jardim Botânico

Lawyers

Marçal Justen Filho

Partner

Marçal Justen Filho is the founder and senior partner of Justen, Pereira, Oliveira & Talamini. He was admitted to practice (Brazil) in 1978. His expert practice and numerous publications in public law have gained him international recognition as a reference lawyer in Brazil for infrastructure, public procurement and regulation. His many books include Comments on the Public Bidding and Government Contracts Act, Comments on the RDC and Procurement Auction, arguably the most referenced books in this field in Brazil. Counsel, arbitrator and consultant since the 1980’s, providing representation or delivering legal opinions in matters involving government contracts, regulated markets, civil construction, pharmaceuticals, IT, competition law and a wide variety of areas affected by public law. He was Head Professor of the Public Department of Universidade Federal do Paraná (UFPR) for 20 years until 2006. He has given more than five hundred conferences about the Brazilian Public Bids Act (Federal Act 8.666). Holds an LL.M (1984) and a PhD (1985) from PUC/SP and was a visiting researcher at Yale Law School (201/2011) and a visiting fellow at the European University Institute in Florence, Italy (1999). He is a member of the Red Iberoamericana de Contratación Pública and he is also a member of the Public Contracts in Legal Globalization Network. He coordinates the Revista de Direito Administrativo Contemporâneo – ReDAC (Contemporary Administrative Law Review, RT/Thomson Reuters). He is a citizen of Brazil and Italy. Marçal Justen Filho is based in the Firm’s Brasília office.

Full Bio

Cesar A. Guimarães Pereira

Partner

Cesar Pereira has a degree in Law from UFPR, a LL.M. in Tax Law from PUC-SP and a JSD in Administrative Law from PUC-SP. He was a Visiting Scholar in the area of International Arbitration at Columbia University, under the supervision of Professor George Bermann (2013-2014). He has published Tax Avoidance and Government Action and Users of Public Services, in addition to numerous papers and articles. He has co-edited and authored for the books Arbitration and State Parties, Differential Public Procurement Regime – RDC and Infrastructure Law of Brazil. He has recently co-edited the Brazilian edition of Schlechtriem & Schwenzer Commentary on the UN Convention on the International Sale of Goods (Thomson Reuters). He was a professor of Administrative Law at UniCuritiba, Brazil between 2002 and 2006. He is course leader at SiLS – Swiss International Law School (Basel, Switzerland). He is a Fellow of the Chartered Institute of Arbitrators (FCIArb). He is the Vice-President of Brazil Infrastructure Institute, a think tank based in Brasilia, and the co-editor for Public Procurement of ReDAC [Contemporary Administrative Law Review], Thomson Reuters. He is a partner and the head of the São Paulo branch of Justen, Pereira, Oliveira & Talamini, in which he has been an attorney since 1992. His law practice is focused on government contracts, public procurement, PPPs, infrastructure projects, regulated industries, commercial law and arbitration.

Full Bio

Fernão Justen de Oliveira

Partner

Fernão Justen de Oliveira is partner of Justen, Pereira, Oliveira & Talamini since 1994. He was admitted to practice (Brazil) in 1992. He holds an LL.M in Business Law (1997) and PhD in Public Law (2006) from UFPR and has published several articles on subjects related to Business and Public Law, and the book Public Private Partnerships (2007). He has been a part of the State Bar Council and is active in matters relating to the legal profession in Brazil. Counsel or consultant in litigation, arbitration and transactions involving domestic and international parties in infrastructure projects in Brazil, with focus on public procurement, civil construction services and supplies, IT services, government franchises and PPPs, sanitation, water supply and energy.

Full Bio

Eduardo Talamini

Partner

Eduardo Talamini is partner of Justen, Pereira, Oliveira & Talamini since 1994. He was admitted to practice (Brazil) in 1993. He is a renowned civil procedure writer and is a law professor at UFPR, having published over a hundred articles and essays and several books on civil procedure, constitutional law, arbitration and public law. He is often consulted to deliver legal opinions on civil procedure and constitutional law. He holds an LL.M (2000) and PhD (2004) in Civil Procedure from USP, that also granted him a professorship status (“Livre Docência”). He is a member of several international civil procedure associations and vice-president of the arbitration center of the Federation of Industries of the State of Paraná.

Full Bio

André Guskow Cardoso

Partner

André Guskow Cardoso is a member of Justen, Pereira, Oliveira & Talamini since 1996. He was admitted to practice in Brazil in 1999. He has written a book on regulatory agencies, which is going to be published later this year, and teaches Administrative law.

Full Bio

Alexandre Wagner Nester

Partner

Alexandre Wagner Nester was an intern at Justen, Pereira, Oliveira & Talamini between 1994 and 1996. He was then admitted to practice in Brazil (1997) and acted as legal counsel at Concessionária Ecovia Caminho do Mar S/A from 1998 to 2000. Nester is a lawyer at Justen, Pereira, Oliveira & Talamini since 2000.

Full Bio

Rafael Wallbach Schwind

Partner

Rafael Wallbach Schwind is a member of Justen, Pereira, Oliveira & Talamini since 2000. He was admitted to practice in Brazil in 2003 and since that year is lawyer of the firm.

Full Bio

Marçal Justen Neto

Partner

Marçal Justen Neto is a member of Justen, Pereira, Oliveira & Talamini since 2000. He was admitted to practice in Brazil in 2003. His main area of practice is Public Law, with focus on Administrative Law and Regulatory Law. He holds specialist titles on Economic Administrative Law (GVLaw, 2003) and Energy Law (Universidade Cândido Mendes, 2007). In 2009, Marçal obtained a Masters of Law (LL.M) in Public Law from the London School of Economics and Political Science (with merit).

Full Bio

Newsletter - Issue 138

Book release: Administrative Law Course – 13th edition

On this month, the publishing company Thomson Reuters – Revista dos Tribunais is releasing the 13th edition of the Administrative Law Course, written by Marçal Justen Filho. The book has been totally reformulated and updated in accordance with the recent case law and legislation in force, including the Law 13.655 (that establishes the legal certainty and efficiency in the edition and application of Public Law), the Law 13.460 (Law of public services users) and the Law 13.303 (Law of state-owned enterprises). Click here

Chambers and Partners

Chambers and Partners has again classified Justen, Pereira, Oliveira e Talamini as one of the two best law firms in dispute resolution in South Brazil (Band 1) and as one of the best law firms specialized in Public Law in the country (Band 2) – check here. Marçal Justen Filho was named one of the best Public Law lawyers in Brazil (Band 1) – check here. And Eduardo Talamini was reconized as one of the best lawyers in dispute resolution in South Brazil (Band 1) and as one of the best lawyers specialized in national arbitration (Band 5) – check here.

Arbitration and Corruption

On August 21, in Curitiba, CAMFIEP – Arbitration and Mediation Chamber of Paraná State Federation of Industries organized a debate entitled Corruption and Arbitration. Read here some of the ideas presented at the event by Cesar Pereira, which focus on the arbitrator duties when he faces practices of corruption by the parties. More

Arbitration and case law

The XII Brazilian Symposium of Procedure Law (Belo Horizonte – August 22 to 24) counted with the participation of the partner Eduardo Talamini in the panel on some of the main new questions about the relation between arbitration and judicial power. Among others, there was a discussion regarding the (in)existence of an arbitrator submission duty to the judicial case law. Read here a brief text and watch a video of Eduardo Talamini about the subject.

Federal Court of Accounts: there is no need of parity between the salaries of proposal and the ones effectively paid

In the last years, the Federal Court of Accounts has consolidated a new understanding about the parity between the salaries indicated in the bidder’s price sheet and the salaries effectively paid to the employees during the contract performance. Read the comments of Eduardo Nadvorny Nascimento, written under the orientation of the associate lawyer Rodrigo Goulart de Freitas Pombo. More…

Symposium about the five years of Anticorruption Law (Rio de Janeiro – August 31)

The Symposium about the Five Years of Anticorruption Law will occur on August 31 from 9 a.m. to 8 p.m. The partner Rafael Wallbach Schwind will give a lecture at 4 p.m. about self-cleaning of companies accused of corruption. The event will take place at the Superior School of Advocacy of OAB/RJ in the city of Rio de Janeiro. Click here.

Understanding the port rates (Vitória – August 31)

On August 31, OAB/ES and its Commission of Maritime, Port and Custom Law will promote the event called Understanding port rates: box rate and terminal handling charge, beginning at 9:30 p.m. The partner Rafael Wallbach Schwind will be one of the panelists.

Arbitration Course in the Advocacy-General of the Union (São Paulo – September 14)

On September 14, from 9 p.m. to 12 p.m., Marçal Justen Filho will give a lecture in the Course of Arbitration that aims to increase the capacity of AGU members. The School of AGU in the Third Region and the Brazilian Committee of Arbitration (CBAr) will promote the course in the city of São Paulo.

Symposium about Arbitration: polemics and news (Ribeirão Preto – September 14)

On September 14, beginning at 14 p.m., FAAP Ribeirão Preto will promote the symposium Arbitration: polemics and news. The associate lawyer Diego Franzoni will participate as a panelist, speaking about corporate arbitration. Registrations can be done in the FAAP’s website.

XXXII Brazilian Congress of Administrative Law (Florianópolis – September 19)

Marçal Justen Filho has been invited to compose the panel called Infrastructure Law and Partnerships with the Market of the XXXII Brazilian Congress of Administrative Law. The event, organized in honor to the Professor Maria Sylvia Zanella Di Pietro, will occur on September 19, beginning at 14 p.m., in the Convention Center of Florianópolis (Santa Catarina). See the program here.

Round table: Reform of the Improbity Law and Corruption Prevention (Brasília – September 24)

On September 24, at 7 p.m., Marçal Justen Filho will participate of the Round Table about the Reform of the Administrative Improbity Law and Corruption Prevention, in the Law Faculty of the Presbyterian Mackenzie University of Brasília.

XI Competencia Internacional de Arbitraje (Bogotá – September 27 and October 1)

Between September 27 and October 1, the XI Competencia Internacional de Arbitraje, organized by the University of Buenos Aires (Argentina) and the University of Rosario (Colombia), will occur in Bogotá. The event will count with the participation of 50 teams from Latin America, North America and Europe. The associate lawyer Luísa Quintão will participate as an arbitrator and coach of the Equipo CAM-CCBC, formed by students of FGV-SP, Mackenzie, PUC-SP and USP, organized and sponsored by the Arbitration and Mediation Center of CAM-CCBC. Click here for more information.

August/2018

Sign up for the the Newsletter

Past issues
São Paulo

Contact Us

  • Curitiba
    • Rua Visconde do Rio Branco, 237
    • Curitiba/PR - CEP 80410-000
    • Tel.: +55 41 3017.1800
    • Fax: +55 41 3017.1820
  • São Paulo
    • Rua Joaquim Floriano, 413, Cj 111
    • São Paulo/SP - CEP 04.534-011
    • Tel.: +55 11 3706.1500
    • Fax: +55 11 3706.1501
  • Brasília
    • SHS, Quadra 6, Complexo Brasil 21, bloco C, sala 511
    • Brasília/DF - CEP 70316-000
    • Tel.: +55 61 3578.8787
    • Fax: +55 61 3578.8779

Localização