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.
Registrations have just become available for the 5th edition of the seminar Brazil Infrastructure Investments Forum, a joint initiative of CAM-CCBC, Brazilian American Chamber of Commerce, Brazil Infrastructure Institute and FGV Projetos. The seminar will take place in New York at the Harvard Club, on November 5, 2014. This year’s program will comprise two panels, one on current issues in a variety of infrastructure sectors, and the other on international arbitration in Brazil. Among the confirmed speakers are Justice João Otávio de Noronha, of the Superior Court of Justice (STJ), who will give a keynote closing conference, and Fernando Fonseca, Director of ANTAQ, Brazil’s port regulator. Marçal Justen Filho will speak about the the new railway regulation in Brazil, and Cesar A. Guimarães Pereira will moderate the panel on international arbitration. Registrations available at www.brazilcham.com.
On November 4, Cesar A. Guimarães Pereira will be one of the speakers at the seminar Expanding Free Markets Under the World Trade Organizations’s GPA: Brazil – a Case Study in Opening the BRICS, organized by professor Christopher Yukins of the Government Procurement Law Program at George Washington University, in Washington, DC. For information and registration contact Jessica Pierce (firstname.lastname@example.org). On December 15 and 16, Cesar A. Guimarães Pereira and Rafael Wallbach Schwind will speak at the seminar The Internationalization of Government Procurement Regulation, at the European University Institute (EUI), in Fiesole, Italy. Information on how to register will shortly be available at EUI’s website. Rafael Wallbach Schwind is the author of Licitações Internacionais, a book launched by Editora Forum in 2013.
On September 26, will be held in Brasília the First Seminar on Procurement and Contracts from DNIT. Marçal Justen Filho will be one of the speakers. He is founding partner of Justen, Pereira, Oliveira & Talamini, and his lecture is entitled The Future of Procurement and Contracts in Brazil. Check the schedule at DNIT’s website.
The bill n.º 7.169 of 2014, that is being processed, deals with consensual resolution of disputes between agencies and government entities. Even though it still requires some adjustments, the bill represents a breakthrough in the discussions about the consensual resolution of disputes involving public administration. Lawyer Rafael Wallbach Schwind makes some comments on the issue. More...
A recent ruling by TCU (Ruling 42/2014, of 1.22.2014) confirms previous rulings about the use of the National Economic Activity Classification (CNAE) in bidding proceedings. The topic involves a possible restriction to competition, given that the CNAE code may be used to assess whether a company operates in a field that is relevant for a given government contract. A formal requirement of compatibility between the CNAE code and the subject matter of the government contract may lead to excessive restrictions to capable potential bidders. Read more in an article prepared by Law student Luísa Paschoaleto Martim under the supervision of Cesar A. Guimarães Pereira. More...
Constitutional Amendment n.º 62/2009, which established the Special Regime of Precatórios [payment order: a special and mandatory mechanism for the enforcement of judgments and awards against the Brazilian Government], had several articles declared as unconstitutional by the Supreme Court of Justice in March 2013. Because of this, as a preliminary issue, the Court will decide on the possibility of modulating the effects of the declaration of unconstitutionality. The matter has already been addressed by three ministers of the Supreme Court of Justice, with transition proposals for the special regime established by Constitutional Amendment n.º 62/2009. Check out a summary of the work done by academic Tuany Baron de Vargas on the votes cast so far, which will be presented at the XXVIII Brazilian Congress of Administrative Law (the event will be promoted by the Brazilian Institute of Administrative Law, in November - for more information see the IBDA’s website). More...