Newsletter - Issue 86

Commentary on the CISG – Book launch

The book “Comentários à Convenção das Nações Unidas sobre Contratos de Compra e Venda Internacional de Mercadorias (CISG)”, which is the translation into Portuguese of the Commentary edited by Ingeborg Schwenzer, is already available for online purchase. Cesar A. Guimarães Pereira is one of the coordinators of the Brazilian version. Among the translators are Maria Augusta RostIsabella Moreira de Andrade VosgerauMayara Gasparoto Tonin and Ana Julia Grein Moniz de Aragão.

CISG: the pursuit of an international and uniform application

Especially now in the beginning of the application of the CISG in Brazil, many difficulties regarding its concrete interpretation and application will probably arise. In order to contribute to this hermeneutic task, it is important to take a step back and understand the sole purpose of the CISG. Check the paper by Ana Julia Grein Moniz de Aragão regarding this subject.

Entry into force of the CISG – United Nations Convention on Contracts for the International Sale of Goods

The CISG entered into force in Brazil on April 1. It now governs all international contracts for the sale of goods between parties with place of business in Brazil and other parties located in any of the other 78 countries where the Convention already applies. Find out more at the interview given by Cesar A. Guimarães Pereira about the subject, as well as in his article which focuses on the rules of the Convention that deserve a more immediate attention. 

Differentiated Contracting Regime: analyzing the project of the conversion law of the Provisional Measure n.º 630

The Provisional Measure n.º 630 of December 24th 2013 introduced some important modifications on the Law 12.462 that covers the Differentiated Public Contracting Regime (RDC). After being analyzed by the Federal Senate, the Chamber of Deputies on April 9th approved the final version of the project of the conversion law, which was sent again to the Senate. One of the main innovations of the current version of the project consists on expanding the application of the RDC to public contracts in general, rendering it a general regime for bidding. For an analysis on the alterations provided by the current version of the project, read the article by Rafael Wallbach Schwind.

The role of the Superior Court of Brazil in the improvement of the legislation

A special article recently published by the Superior Court of Brazil (check out it here) provides examples of changes in the law derived from the activities of the mentioned Court. The article cites the paper by André Guskow Cardoso regarding the alterations in the Administrative Improbity Law (check out the paper). The article also cites the alterations incurred at the public tenders legislation, after the Superior Court has adopted the understanding that prevents the excess of formalism in the bidding process. It also can be found references to the cases MS 5.631 and MS 5.779, as well as the MS 5.418. In the latter, where the matter in debate concerned the bidding process of the so-called “b band” of the cellular telephony, Marçal Justen Filho acted and made oral submission. Therein, the Superior Court settled the understanding that it is not possible to have an excess of formalism on the bidding process and that the principle of the binding nature of the bid invitation is not absolute.

Tenders for the land passenger transport sector

On April 25, Cesar A. Guimarães Pereira gave a paper at the 19th Congresso sobre Responsabilidade Civil e Direito Aplicado ao Transporte Terrestre de Passageiros (19th Congress on the Civil Liability and Law Applicable to the Land Passenger Transport). The roundtable discussion also involved Justice Luiz Fux, from the Supreme Court of Brazil, and Dr. Telmo Nunes, regarding public tenders for concessions in the road passenger transport sector in light of the case law from the Brazilian Higher Courts.

Online course by the Escola Superior da Advocacia (ESA) da OAB/PR

The Escola Superior de Advocacia (Superior School of Lawyers of the Brazilian Bar Association of Paraná) of the Brazilian Bar Association signed an agreement with the School of Federal Magistrates of Paraná to make available online courses. Eduardo Talamini was in charge of the opening class of this important initiative. The course entitled “O projeto do novo CPC e a tutela sumária” (“The project for the new civil procedure code and summary proceedings”) addresses the innovations in the subject of dunning and urgent measures and discovery procedures. For registration and further information click here.

2º Encontro Nacional Concessões de Ferrovias – May 9th – SP

On May 9th 2014, will take place the 2º Encontro Nacional Concessões de Ferrovias (2nd National Meeting of Railway Concession) at the Hotel Golden Tulip Paulista Plaza, in São Paulo. The event will gather several experts on the railway sector.  Marçal Justen Filho will give a lecture examining the matter of legal certainty e the challenges regarding railway concessions. Check out the meeting’s agenda.

São Paulo
Jardim Botânico