July/2012 - Issue 65

::Seminar on Arbitration EMAP-CAIEP (Curitiba, August 16th and 17th, 2012)

On August 16th and 17th, the Paraná Judiciary School [Escola da Magistratura do Paraná – EMAP] will host the 2012 edition of its Seminar on Arbitration on the Auditorium of the Paraná State Tribunal. The CAIEP – Câmara de Mediação e Arbitragem da FIEP and the CNI – Confederação Nacional da Indústria will assist in the event. The Schedule includes a closing conference by Superior Court of Justice Minister Fátima Nancy Andrighi and a opening speech from by professor Paula Costa e Silva, from the University of Lisboa. Cesar A. Guimarães Pereira and Eduardo Talamini will also be speakers in the seminar. The event will be open to the public, after a arbitration course lectured by Felipe Scripes Wladeck and Paulo Osternack Amaral. The full schedule can be accessed here. Enrollment is free and can be done through the site www.emap.com.br.

::III Brazil Infrastructure Investments Forum – New York, October 4th, 2012

Justen, Pereira, Oliveira & Talamini sponsors the 2012 edition of the seminar organized by the Brazilian American Chamber of Commerce – BACC and by Published Fórum. Among the recently confirmed speakers are David Neeleman, founder of JetBlue and Azul, Carolyn Trabuco, from World Fund, and former General Director of the National Land Transportation Agency Bernardo Figueiredo, from ETAV. Other confirmed speakers include Minister João Otávio de Noronha (Superior Court of Justice), Minister Benjamin Zymler (Federal Court of Accounts), Richard Klien (Multiterminais and Santos Brasil) and Cesar Campos (FGV Projetos). For more information on the event, click here. To sign up or inquire on sponsoring opportunities, please contact Ruthe Phillips (events@brazilcham.com) or Juliana Costa (juliana@forumculturaleventos.com.br).

::Arbitration and Government at the International Book Biennial

The lawyer Paulo Osternack Amaral will be a speaker in the event Administrative Law of Investments: Corporations, Government and Non-Profit Sector, that will take place at the International Book Biennial [Bienal Internacional do Livro], on August 10th, at 10AM, in the Pavilhão de Exposições do Anhembi Norte Sul, in São Paulo. The event will also feature his book, “Arbitration and Government: procedural aspects, urgent relief and instruments of control”, published by Fórum.

::The Invalidity of the ANEEL Resolutions on the Fuel Consumption Tariff

On June 2012 the 4th Federal Court of Brasília publicized a decision revoking provisions of the National Electricity Agency [ANEEL] on the regime of subrogation of the Fuel Consumption Tariff  [Conta de Consumo de Combustíveis – CCC]. In the lawsuit, Justen, Pereira, Oliveira e Talamini represented Eletronorte by contesting the ANEEL decisions that had rejected the administrative invalidation of the Resolutions. For more on the effects and importance of this decision, check out the commentary by Vitor Lanza Veloso. More...

::The Controversy on the Sanctions of article 87 of Law 8.666/93

A recent decision by the Federal Court of Accounts reawakened the controversy (and indefinition) on the sanctions of Law 8.666/93 applicable to cases of total or partial lack of performance of an administrative contract. The most intense debate centers on the extent of the penalties, specially the one stated on article 87, item III of the law (suspension of the right to participate in public procurement and enter into administrative contracts). The article on the subject written by Alexandre Wagner Nester can be accessed here. More...

::Extension of the Application of the Differential Procurement Regime

Law 12.688 was publicized on July 18th, adding item IV to the main clause of article 1 of the Differential Procurement Regime Law [Regime Diferenciado de Contratações – RDC]. The provision extended the application of the Differential Procurement Regime to the public procurement and contracts necessary for the “activities that are part of the Growth Acceleration Program [Programa de Aceleração do Crescimento -PAC]”.

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