Newsletter - Issue 122

Maritime and Transport Law Conference (Rio de Janeiro – June 7th and 8th)

Justen, Pereira, Oliveira & Talamini is a sponsor of the Maritime and Transport Law Conference: Shipping, energy and commodities – Legal challenges in offshore, ports and sea carriage. The event is organized by the Maritime and Transport Law Committee of the International Bar Association – IBA and will take place on June 7 and 8 at the Sheraton Hotel in Rio de Janeiro. Several relevant issues of maritime and port law will be discussed. Our firm will be represented at the conference by the partners Cesar Pereira and Rafael Wallbach Schwind. For more information and to register for the event, click here.

IV Luso-Brazilian Arbitration Day (Lisbon – May 26th)

On May 26th, the Portuguese Chamber of Commerce and Industry and the Brazil-Canada Chamber of Commerce will promote the IV Luso-Brazilian Arbitration Day in Lisbon. The Journey will have as its theme corporate arbitration and will have the participation of the main scholars of the subject in Brazil and Portugal. The lawyer Diego Franzoni will participate as a speaker in the panel on Arbitrable Conflicts, which will also have the participation of attorneys Hermes Marcelo Huck and António Sampaio Caramelo. Click here for more information about the event.

International Arbitration in Latin America (New York – May 1st – last vacancies)

The Chartered Institute of Arbitrators (CIArb), New York Branch, will hold a seminar on international arbitration in Latin America on May 1st. Cesar Pereira will be one of the speakers. The event is another initiative aimed at the future organization of a local branch of CIArb in Brazil and will involve several of the Brazilian CIArb Fellows. See here the schedule and the speakers. For registration information, contact

Calendar of events for May / June – Marçal Justen Filho

Check out the events that will be attended by Marçal Justen Filho as a speaker during the month of May and beginning of June:


Curso Currículo Permanente do TRF da 4ª Região Constitutional Law Module – lecture on Principle of efficiency, regulation and administrative contracts (Porto Alegre – May 12th – 9AM – TRF4 headquarters).


XXIX Fórum Nacional do Instituto Nacional de Altos Estudos Infrastructure Crisis Panel – lecture on Economic and Financial Regulation and Rebalancing (Rio de Janeiro – May 19th – BNDES-RJ Auditorium). Click here for more information.


Congresso Inovações de Direito Público da PGE-RJ conference on the Provisional Measure of the awarding of concessions (Rio de Janeiro – May 23rd – 5PM – PGE-RJ headquarters).


X Congresso Mineiro de Direito Administrativo lecture on Public service and reduction of inequalities: myth or truth? (Belo Horizonte – May 31st – 3PM – Ouro Minas Palace Hotel). Click here for more information.


Seminário sobre a Lei Anticorrupção conducted by the Public Law Institute of São Paulo – IDP/SP (São Paulo – June 1st – from 8:30AM to 12:30PM – IDP/SP headquarters).

The legalization of casinos and bingos in Brazil: the Law Projects in progress

Casinos, bingos and other gambling games have always been the subject of discussion and regulation around the world, being allowed and encouraged in several countries, and banned in many others. Since the prohibition of these activities in Brazil, there have always been attempts to legalize and regulate their exploitation. Currently, there are two bills aiming to create the regulatory framework for gambling and to authorize its practice in national territory (PL 442/1991 of the Federal Chamber and PL 186/2014 of the Federal Senate). Check out the comments of Fernão Justen de Oliveira and Ricardo de Paula Feijó on the subject.

Arbitration and Public Administration: judicial sentence provides “empty arbitration clause” and determines institutional arbitration

On April 19, a ruling was rendered in a lawsuit proposed by our firm aiming to complete an empty (unclear) arbitration clause contained in a public service concession contract. The ruling is innovative because it recognizes that arbitration must be institutional and, after having heard the parties, defines an arbitration institution for the administration of the proceeding. The ruling also considered unnecessary to have a specific bidding for the choice of the institution. On the subject, check out an article by Cesar Pereira, Eduardo Talamini and Luísa Quintão originally published on the site Migalhas.

Injunction of great repercussion guarantees participation of a consortium in bidding proceeding

On April 25, Justen, Pereira, Oliveira & Talamini obtained in the Federal Court (1st Region) an injunction to guarantee the right of a client to qualify in a bidding for works of Transposition of the São Francisco River. Check here the content of the decision. The client had offered the best proposal (R$ 75 million less than the declared winner) but had been disabled. The decision received wide press coverage, in papers such as the Estado de S. PauloValor Econômico and Veja. It was also the subject of specific reports on national television (Jornal Nacional, Jornal da Globo and Bom Dia Brasil, among others). See here details of the repercussion of the case.

Comparative Administrative Process

The Magistracy School of the Federal Court of the 2nd Region (EMARF) has just published a comparative study of laws dealing with administrative (judicial and extrajudicial) proceedings in eighteen Latin American countries of Iberian origin – including Brazil – and model codes developed as a result of academic studies. The project, which is coordinated by Professor (UFF) and Judge (TRF2) Ricardo Perlingeiro,also has Eduardo Talamini in its Scientific Council. For more information click here.

After the Storm – Lecture with Ricardo Amorim

Check here the photos of the lecture After the Storm, held in Curitiba on April 5 by the economist Ricardo Amorim. The event was supported by Justen, Pereira, Oliveira & Talamini, and was attended by several lawyers of the firm.

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.

Leia Mais...