April/2012 - Issue 62
::Administrative Law - 8th Edition
Editora Frum has launched the 8th edition of Maral Justen Filhos Curso de Direito Administrativo [Administrative Law]. Originally published in 2005, the work examines administrative law under the lens of the supremacy of fundamental rights. The new edition has been revised and expanded in accordance to the most recent legislation and case law. It brings a more detailed section on the fostering of activities as a means of economic intervention and an analysis of Law 12.462, which introduced the Differential Public Procurement Regime for the 2014 FIFA World Cup and the 2016 Olympics. The Editors website can be accessed here.
::III Brazil Infrastructure Investments Forum (NYC, October 4, 2012) - Sponsorship opportunities
In October, the Brazilian-American Chamber of Commerce and Editora Frum will hold in New York City, at the Harvard Club, the 3rd edition of the Brazil Infrastructure Investments Forum, dealing with a variety of issues that comprises logistics and transportation, oil and gas, civil construction and arbitration. Justen, Pereira, Oliveira & Talamini will again support the seminar and actively participate in the panels. Check here the program and how to become one of the sponsors.
::Rare Earths: a new frontier for mining investments in Brazil
The recent claim filed by the United States, Japan and European Union before the World Trade Organization against China exposed the global markets critical situation of the so-called Rare Earth Elements (REE). As they are strategic for the production of clean energy and for the high technology industry, these chemical elements have their production practically monopolized by China (97%), which began to impose a series of restrictions on their export. Brazil, which offers a significant potential for the production of REE, can be a viable alternative in this context. Ricardo Barretto de Andrades article addresses this subject and presents investment opportunities in mining in Brazil. More...
::"Buy Brazilian" preferences in public procurement of specific products
Two Executive Orders made public in April defined the application of a preference margin for domestic manufactured goods in federal public procurement. This preference is granted in accordance with Law 12.349, examined in a previous edition of this newsletter. An article by Marçal Justen Neto analyses the effects of Orders 7.709 and 7.713, which deal respectively with certain construction equipment and pharmaceuticals. More...
::Confidentiality in government procurement for the 2014 World Cup and the 2016 Olympics: the TCU guidelines
The TCU [Federal Court of Audit] has just released Order 85/2012, with a series of guidelines relating to the treatment of confidential information in the audits of public procurement procedures under the RDC -- the special procurement regime set forth for the 2014 and 2016 sports events. The topic of the confidential price references under RDC rules was examined in a previous issue of this newsletter.
::Book launch: Arbitragem e Administração Pública
On May 16, the book Arbitragem e Administrao Pblica [Arbitration and the Government], by Paulo Osternack Amaral, will be launched. The launch will be at Livraria Cultura do Shopping Curitiba, from 7 to 9 pm. Check out the invitation here.
::Government purchases in the defense sector: Law 12.598
On March 22, Law 12.598 was enacted as a result of the conversion into law of the Provisional Measure 544, commented in a previous issue of this newsletter. Although Law 12.598 maintains most of the conditions set forth in PM 544, it contains alterations in specific aspects that can be of great relevance. Read article by Cesar A. Guimares Pereira with commentaries on the main innovations More...
::The definition of basic design according to the TCU
The TCU (Federal Court of Audit) has recently ordered that government entities must rely on OT IBR 01/2006, a technical recommendation made by the Instituto Brasileiro de Auditoria de Obras Pblicas (IBRAOP) [Brazilian Institute of Public Works Audit]. The technical document contains the definition of basic design and a detailing of its elements. Read an article by Maria Augusta Rost on the TCU ruling and the basic design in the procurement of public works. More...
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