Newsletter - Issue 128

Book Release: “Collection of Legal Theses of the Superior Courts”

Recently launched, the Legal Theses Collection of the Superior Courts brings together doctrinal analyzes of the main legal theses emanated from the STF and the STJ. The comments cover the contexts of the judgments that gave rise to the theses, presenting the factual situations in which they are applied and, when appropriate, a critical analysis of the Court`s position. The associate Miguel Gualano de Godoy in one of the authors of the Collection with the commentary on the thesis established in general repercussion on nepotism: “The prohibition of nepotism does not require the publication of a formal law to restrain its practice, since the prohibition stems directly from the principles contained in art. 37, caput, of the Federal Constitution”. Access here for more details on the work.

Tenders in State Companies – IEP Lecture (Curitiba – November 28)

On November 28, Fernão Justen de Oliveira and Alexandre Wagner Nester participated in the event promoted in Curitiba by the Institute of Engineering of Paraná (IEP), giving a lecture on The New Legal Panorama of Tenders in State Companies. For more information, see the IEP website.

I Forum on Innovation in Public Law – UERJ (Rio de Janeiro – November 7 to 9)

The First Forum on Innovation in Public Law, organized by the Laboratory of Economic Regulation of UERJ, will be held from November 7 to 9 at the State University of Rio de Janeiro – UERJ. Partner Rafael Wallbach Schwind will give a lecture on November 8 about state-owned enterprises and innovation. For more information and registration, click here.

Colloquium on civil proceedings in Portugal (Lisbon – November 2nd and 3rd)

On November 2nd and 3rd, it will take place the III Luso-Brazilian Colloquium on Procedural Law, promoted by Faculdade de Direito de Lisboa, through its Institute of Brazilian Law (IDB) and the Brazilian Institute of Procedural Law (IBDP) and the support of the Portuguese-Brazilian Student Group (NELB). Some of the main proceduralists from Portugal and Brazil will be at the meeting. Eduardo Talamini is one of the organizers and participants of the events. Click here to register.

OAB/PR charity event – Erasto Gaetner Hospital (Curitiba – October 30)

On October 30, the Bar Association of Paraná – OAB/PR hosted the event The statements of the civil procedural law encounters and its theoretical and practical repercussions. The associate Paulo Osternack Amaral was one of the speakers. The profit of the event was entirely donated to the Women`s Network to Combat Cancer at the Erasto Gaertner Hospital.

XXIII National Conference of Brazilian Lawyers (São Paulo – October 27)

The Federal Council of the Brazilian Bar – OAB – invited Marçal Justen Filho to speak on Public-Private Partnerships at the XXIII National Conference of Brazilian Lawyers. The lecture was given on October 27 during the panel “Administrative Reform”. For more information, click here.

CPC Seminar (Curitiba – October 26 and 27)

On October 26 and 27, the Bar Association of Paraná – OAB/PR, hosted a Seminar on the Civil Procedure Code, with the goal to examine practical aspects related to the application of the Code of Civil Procedure of 2015. The associate Paulo Osternack Amaral was on the panel about “Execution of Extrajudicial Title and Compliance with Judgment, held on October 27. For more information, click here.

XXXI Brazilian Congress of Administrative Law (Cuiabá – October 26)

Marçal Justen Filho participated in the XXXI Brazilian Congress of Administrative Law, at a conference on “Crises, to be and ought to be in Administrative Law: a Theory of Practice”. The event is organized by the IBDA, in the Legislative Assembly of the State of Mato Grosso. Access the full schedule here.

Launch of the books: “The Stockholder State” and “International Bidding – 2nd ed” (Cuiabá – October 25 to 27)

The books “The State Shareholder: state-owned companies and private companies with state participation” (Ed. Almedina – click here) and “International Tenders: foreigners` participation and bids made with external financing” (Ed. Fórum, 2nd Edition – click here), both written by the partner Rafael Wallbach Schwind, were launched at the XXXI Brazilian Congress of Administrative Law, organized by IBDA, held in Cuiabá between October 25 and 27 (click here). The former “The State Shareholder” was also launched at the event “Corporate Public Law”, organized by the School of Federal Magistracy, in the city of Rio de Janeiro, on September 22, at which the author also gave the opening lecture (click here).

IV Pan American Arbitration Congress (São Paulo – October 23)

On October 23, Marçal Justen Filho gave a lecture at the IV Pan American Arbitration Congress, promoted by the Arbitration and Mediation Center of the Brazil-Canada Chamber of Commerce. 

Rebidding and extension of highway concession contracts – OAB / PR (Curitiba – October 18)

On October 18, the Bar Association of Paraná – OAB/PR, held a seminar on the rebidding and extension of highway concession contracts. The partner Rafael Wallbach Schwind was one of the speakers at the event, along with Dr. Maurício Ferrante, Legal Director of the Regulatory Agency for Public Services of Infrastructure of Paraná (Agepar).

Book launch: “Administrative Law in the Present” (Brasília – November 8)

On November 8, the Department of Documentation of the Superior Court of Justice will hold a cocktail of the launching of the work Administrative Law at the Present – Studies in Homage to the Centenary of Hely Lopes Meirelles [Direito Administrativo na Atualidade – Estudos em Homenagem ao Centenário de Hely Lopes Meirelles] (Malheiros Editores), coordinated by Arnoldo Wald, Marçal Justen Filho and Cesar Pereira. The event will be held at the STJ Cultural Space, with the participation of STJ and STF ministers. Check out the invitation.

Legal 500

In other important international ranking recently released, the office also obtained a prominent position. It was considered one of the best in the country in public law, especially the partners Marçal Justen Filho and Eduardo Talamini, and in infrastructure law, especially the partner Cesar Pereiracheck here.

Civil liability of state-owned companies (JOTA)

In September, Fernão Justen de Oliveira published in the column of the JOTA an article on the twofold regime of extracontractual liability to which state companies are subject to, under the terms of Law 13.303. Access here the entire article.

STF (Supreme Court): decision on precautionary measures different than the imprisonment of parliamentarians

On the plenary session held on October 11, the Supreme Court ruled on the possibility of issuing several precautionary measures different than the imprisonment of parliamentarians. However, if such measures hamper or prevent the regular execution of the mandate, the judicial decision must be sent to the Legislative House within 24 hours for it to decide on the measures imposed. The associate Miguel Godoy followed the session and responded to JOTA`s special interview on the subject, along with other constitutionalists specialists Conrado Hübner Mendes (USP), Juliano Zaiden Benvindo (UnB) and Eduardo Mendonça (UniCEUB).

25 years of the Administrative Improbity Law – USP (Largo São Francisco – October 19)

The partner Rafael Wallbach Schwind participated in the event honoring the 25 years of the law of administrative improbity, held on October 19 in the Hall of the University of São Paulo Law School. His lecture was on the possibility of entering into agreements on administrative improbity suits. Check it out here.

Chambers and Partners

A survey by Chambers and Partners ranked again Justen, Pereira, Oliveira e Talamini among the top three law offices (Band 1) in the South region, in the litigation and dispute resolution area – check here. Partners Marçal Justen Filho and Eduardo Talamini were also ranked among the best lawyers in the South of the country at the top of the ranking (Band 1), which also included partner Cesar Pereira (Band 3). In the same survey Marçal Justen Filho was classified as one of the three best public lawyers in Brazil (Band 1), with the office also being ranked among the best in this area (Band 3) – check it out here. Eduardo Talamini was also included among the best arbitration lawyers in Brazil (Band 5) – check it out here.


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

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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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