Newsletter - Issue 53

The City Stature: new urban operations in São Paulo

The Prefecture of S�o Paulo announced the carrying out of three new urban operations (Rio Verde-Jacu, Lapa-Br�s and Mooca-Vila Carioca), with the objective of solving urban problems such as the scarcity of green areas, the soil drainage, the low demographic density and, as a result, the lowered job offer in the regions. The urban operation Rio Verde-Jacu presents the peculiarity of encompassing the Itaquera Region, where the construction of a stadium that will host some 2014 World Cup games is planned. There is already a bidding (Tender n. 01/2011/SMDU) aiming at the contracting of a company or consortium for the elaboration of urban studies which will underlie the respective bills. The urban syndicated transaction consists of an urban policy instrument provided, at the federal level, by the City Stature. Its conceptualization is found in art. 32, � 1 of that piece of legislation.

Limited-liability sole proprietorship (LC n. 12.441/2011)

rnrnOn July 11th, the Office of the President of the Republic approved the Supplementary Bill 18/11, giving rise to Supplementary Law 12.441/2011, which alters the Civil Code so as to allow the creation of the Limited-Liability Sole Proprietorship (EIRELI). The article by Mayara Gasparoto Tonin deals with the legislative innovation with both excitement and caution, bringing to the practical question the critical opinion of some of the Corporate Law scholars. Read more here.rn

Contracting without bidding of subsidiaries and controlled companies and TCU case law.

Law 8.666/93 sets out, in article 24, item XXIII, a hypothesis of bidding waiver in case of contracting ?carried out by a public company or mixed capital corporation with its subsidiaries and controlled companies?. The recent issuance of Precedent 265 of the TCU raises a few questions regarding the aforementioned hypothesis, which are examined in the article written by Andr� Guskow Cardoso. Read more here

New framework of railway load transportation: ANTT Resolutions

rnrnAs was published in the May/2011 issue of this periodical (Newsletter n. 51), the National Agency of Land Transportation ? ANTT promoted public hearings to discuss the reform of the regulatory framework of public of public services of railway load transportation. The public court that took place on 10/05/2011 counted on the pronouncement of Mar�al Justen Filho, as a representative of the National Association of Railway Transportation ? ANTF, pointing out various problems presented in the government proposals. This reform is now being put in practice by the ANTT. On 20/07/2011 three resolutions were issued (n. 3.694, n. 3.695 e n. 3.696) with the objective of furthering the creation of a competitive environmental in the railway sector. Refer to the commentary of Alexandre Wagner Nester on the subject. Read more herern

Polemic Themes in Arbitration (Curitiba, August 4th and 5th, 2011)

rnrnJusten, Pereira, Oliveira & Talamini will be represented in a seminar on arbitration provided by the Magistrate School of Paran� (EMAP), with the support of the Arbitration Chamber of the Industries of the State of Paran� (CAIEP), among other institutions. The event, which will take place in Curitiba on August 4th and 5th, 2011, will count on the participation of some of the most renowned arbitration specialists in Brazil. Registration is free, but places are limited. For more information, including about registration, refer to the event?s folder.rn

II Brazil Infrastructure Investments Forum (New York, October 20, 2011)

rnrnOur firm will participate in a seminar on infrastructure investments in Brazil, to be held in New York by the Brazilian American Chamber of Commerce (BACC) and Fórum Cultural, with the sponsorship and support of several Brazilian and American organizations. The event will be at the Hudson Hotel on October 20, 2011, from 8:30 am to 2 pm. Some of the confirmed speakers are Ministro Benjamin Zymler, President of the TCU (Brazilian Federal Court of Accounts), Ministro João Otávio de Noronha, judge in the Superior Court of Justice, and the Brazilian Communications Minister Paulo Bernardo Silva. Check here the agenda and request further information from infrastructure@justen.com.br.rn

São Paulo
Jardim Botânico