Newsletter - Issue 91

Comparative studies on government procurement and contracts

On November 4, Cesar A. Guimarães Pereira will be one of the speakers at the seminar Expanding Free Markets Under the World Trade Organizations’s GPA: Brazil – a Case Study in Opening the BRICS, organized by professor Christopher Yukins of the Government Procurement Law Program at George Washington University, in Washington, DC. For information and registration contact Jessica Pierce (jppierce@law.gwu.edu). On December 15 and 16, Cesar A. Guimarães Pereira and Rafael Wallbach Schwind will speak at the seminar The Internationalization of Government Procurement Regulation, at the European University Institute (EUI), in Fiesole, Italy. Information on how to register will shortly be available at EUI’s website. Rafael Wallbach Schwind is the author of Licitações Internacionais, a book launched by Editora Forum in 2013.

V Brazil Infrastructure Investments Forum – NYC – November 5

Registrations have just become available for the 5th edition of the seminar Brazil Infrastructure Investments Forum, a joint initiative of CAM-CCBC, Brazilian American Chamber of Commerce, Brazil Infrastructure Institute and FGV Projetos. The seminar will take place in New York at the Harvard Club, on November 5, 2014. This year’s program will comprise two panels, one on current issues in a variety of infrastructure sectors, and the other on international arbitration in Brazil. Among the confirmed speakers are Justice João Otávio de Noronha, of the Superior Court of Justice (STJ), who will give a keynote closing conference, and Fernando Fonseca, Director of ANTAQ, Brazil’s port regulator. Marçal Justen Filho will speak about the the new railway regulation in Brazil, and Cesar A. Guimarães Pereira will moderate the panel on international arbitration. Registrations available at www.brazilcham.com.

Supreme Court of Justice: modulating the effects of the declaration of unconstitutionality of the Constitutional Amendment nº. 62/2009

Constitutional Amendment n.º 62/2009, which established the Special Regime of Precatórios [payment order: a special and mandatory mechanism for the enforcement of judgments and awards against the Brazilian Government], had several articles declared as unconstitutional by the Supreme Court of Justice in March 2013. Because of this, as a preliminary issue, the Court will decide on the possibility of modulating the effects of the declaration of unconstitutionality. The matter has already been addressed by three ministers of the Supreme Court of Justice, with transition proposals for the special regime established by Constitutional Amendment n.º 62/2009. Check out a summary of the work done by academic Tuany Baron de Vargas on the votes cast so far, which will be presented at the XXVIII Brazilian Congress of Administrative Law (the event will be promoted by the Brazilian Institute of Administrative Law, in November – for more information see the IBDA’s website).

TCU (Federal Court of Audit): National Economic Activity Classification (CNAE) in government procurement

A recent ruling by TCU (Ruling 42/2014, of 1.22.2014) confirms previous rulings about the use of the National Economic Activity Classification (CNAE) in bidding proceedings. The topic involves a possible restriction to competition, given that the CNAE code may be used to assess whether a company operates in a field that is relevant for a given government contract. A formal requirement of compatibility between the CNAE code and the subject matter of the government contract may lead to excessive restrictions to capable potential bidders. Read more in an article prepared by Law student Luísa Paschoaleto Martim under the supervision of Cesar A. Guimarães Pereira.

Consensual resolution of administrative disputes (bill)

The bill n.º 7.169 of 2014, that is being processed, deals with consensual resolution of disputes between agencies and government entities. Even though it still requires some adjustments, the bill represents a breakthrough in the discussions about the consensual resolution of disputes involving public administration. Lawyer Rafael Wallbach Schwind makes some comments on the issue.

I Seminar on Procurement and Contracts from DNIT – Brasilia – September 26

On September 26, will be held in Brasília the First Seminar on Procurement and Contracts from DNIT. Marçal Justen Filho will be one of the speakers. He is founding partner of Justen, Pereira, Oliveira & Talamini, and his lecture is entitled The Future of Procurement and Contracts in Brazil. Check the schedule at DNIT’s website.

São Paulo
Jardim Botânico