Newsletter - Issue 78

Arbitration and Government

On September 19th and 20th the General Attorney’s Office of the State of São Paulo will promote a specialization course for its attorneys, which will take place in Guarujá (São Paulo). The subject chosen was Arbitration in Public Contracts and one of the speakers is the lawyer Paulo Osternack Amaral.

Appeal of interlocutory decisions in Small Claims Court

Law 9.099, which has created the Small Claims Court in Brazil, is based on the principle of celerity. In order to reach a fair and efficient lawsuit, such principle must be interpreted in accordance with other constitutional principles, such as adversary system and full defense. See the essay of Aline Rodrigues de Andrade, under orientation of Mayara Ruski Augusto Sá.

Decree 8.080: amendments in the Differential Public Procurement Regime

On August 21st, Decree 8.080 was published. It amends the regulation of the Differential Public Procurement Regime, created by Law 12.462, of 2011, and regulated by Decree 7.581. The new regulation incorporates several solutions created by the Brazilian Federal Court of Audits. Among other subjects, the new wording of the sole paragraph of article 18 and section III of article 19 of Decree 7.581 eliminates all or at least great part of the problems related to “intermediary bids” in open disputes under the Differential Public Procurement Regime. Check out William Romero’s article on the subject. The other amendments will be analyzed in detail in the next edition of this Newsletter.

Port regulation: limits for the adaptation of authorized terminals in organized ports

Law n. 12.815 and its main regulatory acts – Decree n. 8.033 and Regulation n. 110 from SEP [Special Ports Department] – still have many controversial points of interpretation. One of them regards the adaptation of authorized port facilities before the enactment of the new law, especially when they are located inside areas of organized ports. Cesar A. Guimarães Pereira comments on the subject.

The risks of guarantee

Article 56, §1, of Law 8.666 establishes that Contractor has the right to choose between many categories of guarantee available in public procurement. The legal prohibition for the Government to choose a specific guarantee creates the supposed impression that every alternative provided by the abovementioned provision is absolutely identical. Check out Marçal Justen Filho comments on the matter.

Book launch: International procurement

The book “Licitações internacionais” [“International procurement”], from Rafael Wallbach Schwind (Editora Fórum, 276 pages), has been launched and is already at the bookstores. It examines the peculiarities of foreigner’s participation in public procurement in Brazil. The book also analyzes public procurements financed by international organisms. The book can also be bought directly from the publisher’s website.

Save the date: IV Brazil Infrastructure Investments Forum – NY – October 2nd, 2013

The IV Brazil Infrastructure Investments Forum is confirmed. As usual, the event organized by the Brazil Infrastructure Institute and the Brazilian American Chamber of Commerce will take place in New York. Justice Aroldo Cedraz, of the Brazilian Federal Court of Audits, the former Justice Rodolpho Tourinho and Marçal Justen Filho are the speakers already invited for the event. The seminar will take place at Harvard Club on October 2nd, 2013, with a program covering the main areas of interest in infrastructure for entrepreneurs and international consulters. Information about opportunities of sponsorship, provisory program and pre-registrations can be obtained by e-mail secretaria@brazilinfra.com. To visualize the panels and the pictures from the III Forum, which took place in 2012 also in New York, visit the website www.brazilinfra.com.

1º Fórum Nacional de Direito e Infraestrutura – Brasília – September 25th and 26th

Cesar A. Guimarães Pereira will be one of the speakers of the 1º Fórum Nacional de Direito e Infraestrutura [1st Law and Infrastructure National Forum] participating on the arbitration in infrastructure projects panel. The event is supported by the Brazil Infrastructure Institute and will take place in Brasília on September 25th and 26th, 2013. Click here for more information.

São Paulo
Jardim Botânico