Newsletter - Issue 45

Provision Measure nº 510 and the regime applicable to consortia or joint ventures in public biddings and government contracts

rnrnA new legislation (Provisional Measure n� 510) was enacted on October 28, altering the regime applicable to consortia or joint ventures between companies. One important provision confirms, with no further detail concerning the individual responsibility of the parties, that a consortium or JV may act under its own name including for the purpose of entering into contracts with corporations or individuals (article 1). Another one provides that the parties to the consortium or JV are jointly and severally liable for federal taxes arising from the consortium?s or JV?s activities (�� 1 and 2 of article 1). This new regime, which supersedes for federal taxation purposes the general regime of article 278, � 1, of the Corporations Act (Law 6.404 of 1976), has been submitted to great debate in specialized publications.rn

Infrastructure Investments in Brazil: Opportunities and Challenges

rnrnOn December 3, 2010, Justen, Pereira, Oliveira & Talamini, together with its Florida correspondent Smith International Law and the Brazilian publisher Editora F�rum, will host in Miami Beach, FL (USA) the conference ?Infrastructure Investments in Brazil: Opportunities and Challenges?, at hotel Ritz-Carlton. Mar�al Justen Filho, Cesar A. Guimar�es Pereira and Mar�al Justen Neto will be some of the speakers. The seminar will end with the launch of the book ?Infrastructure Law of Brazil?, with articles by several members of the firm. Participation in the seminar is free of charge and by invite only, but there is a limited attendance of 100 participants. If you are interested in attending, please request an application form from infrastructure@justen.com.br. Read more about the seminar program and speakers.rn

International bidders and public procurement in Brazil

On October 24-26, Justen, Pereira, Oliveira & Talamini participated in the III Corporate Counsel Exchange, in the Hague, Holland. During the event, Cesar A. Guimar�es Pereira gave a lecture under the title ?Infrastructure Investments and Public Procurement: Emerging Markets from an International Perspective?. Learn more about some of the ideas that were then presented with regard to the participation of foreign companies in public biddings in Brazil.

Limits of court intervention on corporate management

Court injunctions for intervention on corporate management may not be construed as granting unrestricted, unlimited powers onto the court officer in charge of the intervention. Corporate law, the articles of incorporation and the court order itself provide for limits that must be respected and complied with by the court officer. Check the essay prepared by Fernão Justen de Oliveira and Alexandre Wagner Nester on this issue.

Extension of lease agreements of port terminals

Resolution ANTAQ no. 1.837, of September 29, 2010, has admitted the possibility of extension of lease agreements of port terminals entered into before the enactment of Law 8.630 of 1990, styled Port Modernization Act. Read more about this matter in a brief comment by Eduardo Talamini.

Arbitration team wins CAMARB Moot in Belo Horizonte (Brazil)

rnrnThe arbitration team of the School of Law of Federal University of Paran� (UFPR) ranked first among twelve other domestic teams in a moot arbitration held by C�mara de Arbitragem Empresarial ? CAMARB on November 13-15. In the final panel, UFPR played the prestigious USP team. Among other law students, the winning team comprises Isabella Moreira de Andrade, a senior intern at Justen, Pereira, Oliveira & Talamini. The team is coached by Eduardo Talamini, who is also a professor of arbitration at UFPR, and is now preparing for the renowned Vis Moot in Vienna in April, 2011.rn

São Paulo
Jardim Botânico