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.
In July the partner Eduardo Talamini rendered the opening lecture of the Civil Procedural Law Conference of Pernambuco, promoted by ESA-OAB/PE (Recife, July 8). Also taking place in July: lectures in the event held by Judges Association of Paraná [Associação dos Magistrados do Paraná e do TJPR], in Londrina at the 6th, and lectures in a course promoted by the Association of Lawyers of São Paulo [Associação dos Advogados de São Paulo-AASP], in São Paulo at the 24th.
Cesar Pereira will be one of the speakers of the international conference about New Zealand and Latin America that will take place at Victoria University of Wellington, from the 21st to 23rd of October. He will deal with the law and practice of anti-corruption in Brazil. The conference will bring together a number of experts of both regions to deal with a great variety of common subjects. For further information and registration contact Rozina Khan (Rozina.Khan@vuw.ac.nz).
One of the subjects that have raised great discussion in the conception of Public-Private Partnership projects consists of the guarantees provided by the Public Partner to the private Partner, specially, the improper guarantees provided by article 8th of Law 11.079. Find out more about the subject in the text of Fernão Justen de Oliveira. More...
Several recent legal and regulatory changes affect the Brazilian legal framework on dispute resolution by arbitration and mediation involving the Government. Law 13.129, from 26 May 2015, has changed Law 9.307, providing expressly the possibility of the direct or indirect Public Entities submit to arbitration disputes involving patrimonial rights. Law 13.140, from 26 June 2015, dealt with mediation and conciliation in disputes involving the Government. Decree 8.465, from 8 June 2015, regulated a specific case of arbitration in the ports sector set by Law 12.815, and at the same time created alarming rules concerning the effectiveness of arbitration involving Public Entities. Last, the Legal Instruction 4, from 7 July 2015, from the Culture Ministry, set provisions for the arbitration and mediation within the Ministry. Check here the comments of Cesar Pereira on the Decree 8.465, related to arbitration in the ports sector. More...
On 8th, June 2015, it has been enacted Decree 8.464, which brought important amendments related to the judging criteria in the biddings for port terminal lease contracts. The Decree has also solved an interpretation doubt about the expansions of such terminals. Check the article of Rafael Wallbach Schwind regarding the amendments. More...