Law 13.303: the suppression of the declaration of disreputability (debarment) – retroactivity of the most favorable penalty rule
Art. 83 of Law 13.303 contains the list of penalties in the bidding process performed by state companies. However, this article does not copy the article of Law 8.666 regarding the declaration of disreputability (debarment). The article of Law 8.666 establishes that state companies can only apply penalties of warning, fines and suspension of the right to bid. This new regulatory framework produces at least two important consequences, which are discussed in the text written by Cesar Pereira.
Law 13.303: managers” appointment in the state-owned enterprises
Law 13.303 adds criteria to the managers’ appointment in the state-owned enterprises. Such requirements decrease the number of eligible individuals to compose the Administrative Counsel and the Board of Directors of the joint stock and public companies (and their controlled companies and subsidiaries). Read the article of Fernão Justen de Oliveira about the matter, which involve the restriction due to technical qualification and the impediment in case of conflict of interests.
Law 13.303: the control power in the state-owned enterprises
The enactment of Law 13.303 has brought to the Brazilian Legal System a statute that applies to the state-owned enterprises. Among its provisions, there are specific rules about the controlling shareholder in order to assign him certain duties and responsibilities (Section II of Chapter II). Alexandre Wagner Nester has examined the matter, which deserves special attention considering the state-owned enterprises.
Law 13.303: state-owned enterprises” social role
Law 13.303 has enacted the state-owned enterprises’ legal statute. Besides their legal regime, the applied corporate rules, the imposed bidding and procurement standards, and even the supervision of their activities, the new Law has established that the public and joint stock companies must exercise a social role (Article 27). Mayara Gasparoto Tonin has examined this relevant aspect of the new legislation.
SCL 2016 Sixth Society of Construction Law International Biennial Conference (São Paulo, 13 to 15 September)
The Society of Construction Law 6th biennial conference will be held from 13 to 15 September in São Paulo. Cesar Pereira will participate in the panel on the application of the CISG – UN Convention on the International Purchase and Sale of Goods in the construction sector. Click here to learn more about the event.
Webinar on International Arbitration RAA25 + Sils (September 24)
Cesar Pereira will be one of the speakers at Webinar Russian Arbitration Association 25 (RAA25) and Swiss International Law School (SILS), which will take place on September 24th. Teachers Ingeborg Schwenzer and Louise Barrington will also speak at the online event. For more information and registration, click here.
The judge and the evidence in the new Civil Procedure Code (São Paulo, September 13th)
On September 13th, 2016, lawyer Paulo Amaral Osternack will give a lecture about the judge’s instructive powers in the CPC/15. The event is part of the PUC/SP graduate program in civil procedure.