Newsletter - Issue 102

Private parties in civil actions for punishment of administrative misconduct

An improbity (misconduct) lawsuit must be filed against a public official who committed a civil wrongdoing. If there are private individuals involved, they can only be sued in case of having acted together with a public official (Article 3 of Law 8.429/92). This understanding was confirmed by the Superior Court of Justice in the 38th edition of Jurisprudência em Teses (“Case law in theses”), which is the subject matter of the paper written by the law intern José Joaquim Neto supervised by Alexandre Wagner Nester.

Public-Private Companies: interview

Rafael Wallbach Schwind was interviewed by the news agency of University of São Paulo (click here) on the subject matter of this PhD dissertation (State participation in private companies: the public-private companies), and the highlights were turned into a report on the topic (check out here). The dissertation, soon to be published as a book, focuses on the State as a shareholder in companies that are not part of the government.

Arbitration and Public Administration – interview

One of the last amendments on Arbitration Law (n. 9.307/96) involves the permission for the Government to use arbitration. This is the topic of the interview of Marçal Justen Filho in the website Migalhas (Issue n. 3665 of August 27th). Click here to read the full interview, which was also published on February 8th in the section Justice & Law of the Journal Gazeta do Povo (click here to access the full text).

IX Brazilian Congress on Regulation

The event was held in Brasilia on August 18th by the Brazilian Association of Regulatory Agencies (“ABAR” in the Portuguese acronym). Marçal Justen Filho participated in the panel called PPP models in Transportation Infrastructure Concessions (click here to acess the event website)

Self-Cleaning and Bidder’s Rehabilitation in Brazilian law

Recent discussions on the implementation of Law 12.846 and other bodies of law comprised in the Brazilian anticorruption law system prompt the need for a comparative study on how to reconcile fighting corruption and keeping economic activity and a competitive environment for business. A paper by Cesar Pereira and Rafael Wallbach Schwind examines the US rules (FAR 9.4), the European directives (Article 57 of Directive 2014/24) and the World Bank guidelines on self-cleaning or rehabilitation. It also proposes criteria for gauging the compatibility of these mechanisms with Brazilian law (read more). Cesar Pereira will speak on this topic in the seminar about Anticorruption Law and Compliance Mechanisms, organized by AGU (Brazil’s Attorney General Office) on August 27th in Porto Alegre (click here for more information).

Seminar: the new Civil Procedure Code – a new chapter of Brazilian Procedural Law

The seminar was held on August 20th at UniBrasil, where Paulo Osternack Amaral gave a lecture on Evidence in the new Civil Procedure Code.

New Civil Procedure Code: the judge`s duties (part one)

The emphasis on the basic principles and guarantees of process through the reaffirmation and specification of the constitutional guidelines is one of the characteristics of the new Civil Procedure Code. In this context, the duty of cooperation between the parties has been enshrined. Click here to read the first article in the series written by Eduardo Talamini.

New books by RT Publishers

RT Publishers have just launched a book on evidence and its implications (“Provas: atipicidade, liberdade e instrumentalidade”) written by Paulo Osternack Amaral in accordance with the new Civil Procedure Code (click here). Diego Franzoni’s book on corporate arbitration (“Arbitragem Societária”) was also launched. The book is updated according to the new Civil Procedure Code and the recent amendments to the Arbitration Law and the Corporations Law (click here). Both works are part of RT’s classical Liebman Collection, which has recently been resumed by Eduardo Talamini and Teresa Arruda Alvim Wambier.

VI Brazil Infrastructure Investments Forum – Cancellation

VI Brazil Infrastructure Investments Forum, whose 6th edition was originally planned to be held in November 4th 2015 in New York City, has been cancelled. The schedule should be resumed in 2016.

XVI State of Paraná Administrative Law Conference (Curitiba, August 25-28)

The XVI State of Paraná Administrative Law Conference will take place in Curitiba at the  auditorium of OAB/PR. Marçal Justen Filho will speak on the 26th, at 10:30 a.m., in the panel called Public Administration: recurrent frustrations and lack of reforms. Cesar Pereira will be in the panel about Sustainable Public Administration on the 28th at 8:30 a.m. Click here for more information.

São Paulo
Jardim Botânico