Newsletter - Issue 106

Book release: Brazilian Port Law

The release of the book Brazilian Port Law took place in São Paulo last December 15. It was coordinated by lawyers Cesar Pereira and Rafael Wallbach Schwind and published by Marcial Pons. The work contains 40 articles of Brazilian experts and deals with core issues in Brazilian port law. Copies can be purchased on the website of the publishing house.

The commercialization of energy sector

After the vertical disintegration (unbundling) in the energy sector, the activities of generation, transmission, distribution and marketing are no longer provided in a single cycle, by a single operator. Considering that, the distinction between monopolistic activities from those susceptible of being supplied in competition was noticed. The commercialization of energy is subject to a competitive regime, allowing the participation of several agents which work in the sector. Check out the notes of Diogo Albaneze Gomes Ribeiro about the structure of this sector.

Extension of port leases

In a recent decision, the Brazilian Federal Court of Audit upheld the legality of early extension of port leases (Ruling 2,200/2015 – Plenary). But this is not the only modality for extension. There are other ways to obtain an extension of a port lease, each of which presents different goals and requirements. Check out the article by Rafael Wallbach Schwind on the subject.

RDC: amendments to Law 13,190

Law 13,190 of 2015 carried out some amendments to the Differential Public Procurement Regime (RDC in Portuguese). In addition to recognizing other cases for enforcement of this method of bidding, the new Law confirmed the possibility of using some concepts for hiring and mechanisms already being employed, including within the RDC. Several provisions of Law 13,190 are suspended by an injunction issued by the Brazilian Supreme Court, in MS 33,889. Read more about it in the article prepared by Aline Lícia Klein.

Dredging by results: Law 12,815

The National Program of Dredging and Waterway II was enabled with the enactment of Law 12,815 of 2013. The second phase of this program is based on dredging by result, making the existence of combined works and services possible in order to obtain a better result for the Government. Check out the article by Fernão Justen de Oliveira on the subject.

The judicial block up of WhatsApp as a coercive measure

Eduardo Talamini examines the measure that lasted a few hours but generated grand repercussions. A measure of coercion must be, in some extent, “disproportionate” to pressure the party. But, what are the limits?

São Paulo
Jardim Botânico
Informativo Eletrônico 157 - Março/2020EFEITOS JURÍDICOS DA CRISE

Os reflexos das patologias decorrentes do COVID-19 e das políticas adotadas para combater a pandemia afetam de modo significativo a atividade administrativa estatal e a iniciativa privada. Isso envolve uma pluralidade de questões no âmbito das contratações administrativas e das relações negociais privadas que já estavam em curso ou que venham a agora a se aperfeiçoar. Interfere também diretamente sobre os procedimentos estatais administrativos e jurisdicionais.
Esta edição do Informativo Eletrônico contém as reflexões produzidas pelos advogados do escritório sobre algumas dessas questões, com a expectativa de contribuir para identificar as soluções mais adequadas a cada caso concreto, com o menor impacto possível aos diversos interesses envolvidos.

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