Newsletter - Issue 137

ANAC Public Hearing 11/2018: contributions about arbitration clause

Until July 13, the National Agency of Civil Aviation (ANAC) received contributions about the documents relating to the fifth round of airport concessions, including about the draft for future contracts, which contains an arbitration clause. Justen, Pereira, Oliveira & Talamini has submitted specific suggestions regarding the wording of the arbitration clause. This initiative by ANAC follows the recent practice by public agencies of submitting the terms on which they intend to submit disputes to arbitration to a public discussion forum. In 2017, the National Agency of Petroleum, Natural Gas and Biogas (ANP) conducted a public hearing that resulted in the arbitral clause adopted in its recent bidding rounds. In July 2018, the National Agency of Land Transportation (ANTT) finished a public hearing organized to discuss the proposal of a resolution to regulate the theme.

Compliance – Transparency, Ethic and Liability

On July 25, the Passenger Transport Federation of the States of Paraná and Santa Catarina (FEPASC) promoted a lecture series about Compliance – Transparency, Ethic and Liability. Partner André Guskow Cardoso participated as a panelist in the lecture about Anti-corruption Law, Compliance and the Collective Transport Sector, in which he analyzed the main aspects of Law 12.846 as well as the main features and requirements under compliance and integrity programs. Click here to access the full content of the presentation.

Brazilian Port Law – Second Edition

The second edition of Brazilian Port Law, a book coordinated by Cesar Pereira and Rafael Wallbach Schwind, is already available for purchase. The new edition was updated according to legislation amendments enacted after the publication of the first edition and it contains new articles on hot topics surrounding its main subject. Click here for more information.

Arbitration and Public Administration (Recife – July 31)

On July 31, the seminar Arbitration and Public Administration: Legal, contractual and procedural aspects, organized by the Superior School of Advocacy of OAB/PR and CAM-FIESP/CIESP, will take place in Recife. Cesar Pereira will be one of the panelists at the lecture about Private Process and Public Law: the use of arbitration by the Government. Access here the program and more information about the registration.

AASP Arbitration Course (São Paulo – August 9)

Between August 7 and 13, the Lawyers Association of São Paulo (ASSP) will promote the course Introduction to Arbitration. Its theme modules will exam the main aspects of arbitration in Brazil. The associate Paulo Osternack Amaral will speak about Arbitration and Public Administration (August 9 at 18:30 pm). Click here for more information and registration.

Seminar: Current Questions of Administrative Contracts (Rio de Janeiro –August 10)

On August 10, the Magistracy School of Rio de Janeiro State (EMERJ) will promote the seminar Current Questions of Administrative Contracts. The partner Rafael Wallbach Schwind will participate as a panelist at 10 am and will exam the question of economic balance of the contract. The partner Marçal Justen Filho will give the closure conference at 5 pm. Click here for more information.

II Symposium of Civil Procedural Law (Brasília – August 12 to 14)

Between August 12 and 14, the Center of Legal Studies of Federal Court Counsel (CEJ) will promote the II Symposium of Civil Procedural Law that will take place at STJ. The partner Eduardo Talamini will participate as the scientific coordinator of the Cognition Process module. Click here for more information.

XIX Paraná State Congress of Administrative Law (Curitiba – August 21 to 24)

In August, the Paraná State Institute of Administrative Law (IPDA) will promote its annual congress in Curitiba. Marçal Justen Filho will participate of the special panel called Administrative Law of Fear: myth or reality? (August 23 at 4:30 pm). The partners Cesar Pereira and Rafael Wallbach Schwind will join the panel Public Administration Partnership: the development fear (August 24 at 10:30 am). Access here the event link for more information.

XII Brazilian Symposium of Procedural Law (Belo Horizonte – August 22 to 24)

Beginning on August 22, the Brazilian Institute of Procedural Law (IBDP) will promote in Belo Horizonte the XII Symposium of Procedural Law, as a tribute to the Professor Humberto Theodoro Jr. The main names of Brazilian and International Procedural Law will participate. The partner Eduardo Talamini will give a lecture on Are conflict of competence and writ of mandamus possible in the arbitral proceeding? and the associate Paulo Osternack Amaral will join the panel about Evidentiary Law. Click here for more information.

Marçal Justen Filho Schedule – August events

Seminar about Cartels and Corruption in Public Procurement: prevention and disincentives (Rio de Janeiro – August 6 – 3 pm) – panel: Challenges and strategies to prevent cartels and corruption in public procurement – access PGE/RJ website for more information.

Panel about Bidding and Administrative Improbity (Fortaleza – August 9 – 9 am) – place: Noble Hall of Fortaleza Ideal Club (Av. Monsenhor Tabosa, 1.381) – registration: or (85) 3268-2575)

Closure conference: the 25 years of Law 8.666/1993 (Rio de Janeiro – August 10 – 5 pm) – event organized by the Magistracy School of Rio de Janeiro State (EMERJ) – place: Auditory Des. Joaquim Antônio de Vizeu Penalva Santos (25 Dom Manuel Street)

Round table about the Reform of Administrative Improbity Law and Fight Against Corruption (Brasília – August 28 – 7 pm) – place: Faculty of Law of Presbyterian University Mackenzie Brasília (SGAS 906, Conjunto A, Bloco 1)

Meeting of Public Attorneys of Paraná State 2018 (Curitiba – August 31 – 9:30 am) – panel about Rules of Introduction to Brazilian Law and Public Administration – place: Auditory of Attorney General of Paraná State – restrict public event

Master Class: Brazilian State and Economic Order in XXI Century (Brasília – August to October 2018) – Brasília Institute of Public Law (IDP) – information in the IDP 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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