Newsletter - Issue 52

The Federal Supreme Court decides for the inapplicability of the government payment order to mixed-capital companies

rnrnLast May 25, the Plenum of the Federal Supreme Court, by majority, dismissed the impact of art. 100 of the Constitution in the judicial enforcement of debts of mixed-capital companies dedicated to the performance of public services. For more on the subject, check the note made by Eduardo Talamini.rn

Arbitration: the interference of arbitration institutions in the choice of arbitrators

rnrnVarious arbitration institutions contain, in their regulations, mechanisms for control of the choice of arbitrators by the parties. Such mechanisms, which limit the autonomy of the parties, may have a positive influence on the execution of the arbitration award, providing more security to the parties. The article by Isabella Moreira de Andrade and Marina Kukiela deals with this issue using examples from Chambers such as the Brazil-Canada Chamber of Commerce (C�mara de Com�rcio Brasil-Canad� ? CCBC), the Chamber of International Commerce (C�mara de Com�rcio Internacional ? CCI) and the Chamber of Market Arbitration (C�mara de Arbitragem do Mercado ? CAM).rn

The public health regulation and the supply of medications by the State: Law n. 12.401/2011

rnrnLaw n. 12.401/2011 innovates by regulating the criteria for the distribution of medications and products of interest for the health, as well as the provision of therapeutic procedures. Among other aspects, evaluation criteria based on efficiency, safety, effectiveness, and cost-effectiveness were instituted. The alterations produced by the new Law may constitute, simultaneously, an evolution or a regression of state action in the areas of health, especially in relation to the supply of medications and therapeutic aid within the scope of the Centralized Health System (Sistema �nico de Sa�de – SUS). The main risks and questions derived from those modifications are examined in the article written by Andr� Guskow Cardoso.rn

Subsidiary liability of the Administration for labor fees: revision of Precedent n. 331 of the Superior Labor Court

rnrnIn a decision rendered on May 24th, 2011, the Superior Labor Court revised Precedent n. 331 with the objective of adapting it to the agreement documented on December of 2010 by the Federal Supreme Court (Supremo Tribunal Federal ? STF) in the Direct Action of Constitutionality (A��o Direta de Constitucionalidade ? ADC) n. 16. In this decision, the STF declared the validity of art. 71(1) of the Law of Biddings, which bars the liability of the Public Administration for the labor charges of its contractors. Read the brief essay written by Alexandre Wagner Nester on this topic.rn

The discussion about the Differential Public Procurement Regime (RDC) for the 2016 Olympics and the 2014 FIFA World Cup

rnrnThe special regulation of public biddings and contracts for the international games that will take place in Brazil in the next few years was initially established by Provisional Measure (PM) no. 489, of 2010 (v. article by Cesar A. Guimar�es Pereira in the edition no. 40 of this newsletter). After the legal force of PM no. 489 expired, in November, 2010, the creation of a special regime for public procurement in these cases has been subject to great debate. The last divulged bill, already approved by the House of Representatives (Federal Chamber of Deputies) but pending discussion and voting in the Senate, is in the proposed conversion bill for MP no. 527. Read here the Portuguese and English versions of the proposition under discussion, as well as brief comments by Cesar A. Guimar�es Pereira on the upcoming changes.rn

São Paulo
Jardim Botânico