Newsletter - Issue 127

IV CAM-CCBC Pan American Congress of Arbitration (São Paulo – October 23 and 24)

In October, Marçal Justen Filho will take part in the panel on “Practice of Arbitration with Government organs” of the IV Pan American Congress of Arbitration promoted by the Arbitration and Mediation Center of the Chamber of Commerce Brazil-Canada. Click here for more information.

V Fórum Nacional de Direito e Infraestrutura (São Paulo – October 5)

Marçal Justen Filho will speak on October 5 at the V Fórum Nacional de Direito e Infraestrutura (seminar about Law and Infrastructure), which will be held in the OAB/SP building. The event is promoted by the Instituto Brasileiro de Estudos Jurídicos da Infraestrutura – IBEJI in partnership with the Comissão de Infraestrutura, Logística e Desenvolvimento Sustentável da OAB/SP. Click here to register.

Supreme Court declares the constitutionality of the State Law on ship waste control

The Supreme Court declared that a state law on the control of ship waste, pipelines, waste disposal and responsibility for cleaning and repairing in case of leaks is constitutional. The associate lawyer Miguel Godoy was at the session and wrote about the main arguments and the impact of the decision on the port sector.

XVI International Congress of Arbitration (Gramado – September 24 to 26)

On September 24 to 26, the Arbitration Brazilian Committee – CBAR will held its annual Congress in Gramado-RS on “due process of law in arbitration”. The partner Eduardo Talamini gave a lecture about “Arbitration award’s groundings. Are the arbitrators obliged to exam all the parties’ arguments?”. Check here for more information.

Inapplicability of bidding process to state-owned companies (JOTA)

In July, Alexandre Wagner Nester published on JOTA an article on the inapplicability of bidding process in state-owned companies, analyzing the hypothesis of article 28, paragraph 3, of Law 13.303. Access here the full article.

Law 13.430/17 in the passenger transport sector

On September 1, lawyer Daniel Siqueira Borda presented an analysis to the Colégio de Advogados da Federação das Empresas de Transporte de Passageiros do Estado do Paraná e Santa Catarina (Passenger Transport Companies of the State of Paraná and Santa Catarina Lawyers’ Association) on Law 13.460, published in June 2017. The Law regulates the participation, protection and defense of public services’ users, through the creation of rules on user’s participation processes, performance evaluations of the entities that provide the service and the institution of the duty to disseminate the so-called “Services Letter to Users”.

Supreme Court: ruling on the lawsuits regarding the Forest Code

The Supreme Court began the trial of lawsuits related to the unconstitutionalities of the Forest Code. On the September 14’s session, Marçal Justen Filho presented oral argument in favor of the Associação Brasileira dos Produtores Independentes de Energia Elétrica (Brazilian association of Independent Electric Power Producers), emphasizing that the participation of private agents, both in the construction of normative models and in the formulation of solutions for the compatibility of interests and rights, is imperative to ensure that the protection of the environment is effective. Marçal stressed the need for the conjugation of State and society’s interests to be intermediated by the Legislative Branch, without courts’ interference, and with the appreciation of recuperative or compensatory measures of the environment, because they are more effective than mere sanctioning.

CISG and Brazilian Law

On August 17, the associate lawyer Daniel Siqueira Borda participated, as one of the rapporteurs, of the first study meeting of the project “CISG and Brazilian Law”, promoted by CBAr. On the occasion, essential aspects of formation of contracts (proposal, acceptance and negotiation) were discussed, comparing the perspectives of interpretation and the effects of the application of CISG or the Brazilian Civil Code.


Check out the monthly column of Justen, Pereira, Oliveira e Talamini at JOTA. The articles are published on the penultimate Friday of each month. Click here.

Presidential Provisional Measure 800/2017: reprogramming of investments in federal road concessions

The recently published Presidential Provisional Measure 800/2017 establishes specific measures for the reprogramming of federal road concessions’ investments. This presidential provisional measure derives from the recognition by the Federal Government of the negative effects of the economic crisis on the economic and financial structure of the concession contracts. To circumvent this situation, it established some criteria for the revision of the contracts, with the reprogramming of the investments. The main points of the presidential provisional measure are analyzed in the text prepared by André Guskow Cardoso.

The Business State and business technique

The book “O Estado acionista: empresas estatais e empresas privadas com participação estatal” (about state-owned and private companies with state participation) was launched last month. The book was written by partner Rafael Wallbach Schwind. The book deals not only with the participation of the State as a shareholder of state-owned companies, but also with companies that are not part of the Public Administration. Before addressing the central theme, the author analyzes the adoption of business technique by the Government. Check out the essay by lawyer Mayara Gasparoto Tonin on this aspect of the book.

Book release: tribute to Hely Lopes Meirelles

On September 18, the Instituto dos Advogados de São Paulo – IASP and the Associação Paulista de Direito Administrativo – APDA held a seminar honoring the 100 Years of Hely Lopes Meirelles (see here). The book Direito Administrativo na Atualidade – Estudos em Homenagem ao Centenário de Hely Lopes Meirelles (Malheiros Editores) was released on that occasion. The book was coordinated by Arnoldo Wald, Marçal Justen Filho and Cesar Pereira (check here the publisher’s website).

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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