Newsletter - Issue 87

Save the date: Brazil Infrastructure Investments Forum (Paris, September 9 – NYC, November 5)

On November 5, Brazil Infrastructure Institute will hold the 5th edition of the Brazil Infrastructure Investments Forum, together with the Brazilian American Chamber of Commerce, and with the support of CAM-CCBC (Arbitration Center of the Chamber of Commerce Brazil-Canada). Once more, the event will take place in New York. CAM-CCBC and the Brazil Infrastructure Institute will also hold a circuit of discussions about foreign investment protection in Brazil, in Paris, on September 9. They have already held a successful business round about investments in the transport sector at the Embassy of Brazil in Rome, in 2013. The scope of the 2014 edition of the European event promoted by the Brazil Infrastructure Institute will be more comprehensive and will include an analysis of investments protection under substantial and procedural views. More information about the seminars will be timely published by this newsletter and on the Brazil Infrastructure Institute’s website.

TCU: reverse auction – concept of ordinary services – requirements of technical expertise for intellectual services

In rule 1.046/2014, TCU [Federal Court of Audits] discussed the possibility of using reverse auction for the procurement of independent audit services. It dealt with the rating of a good or service as ordinary, as well as with the compatibility of the technical expertise requirements and services of purely intellectual nature with reverse auction. The subjects discussed in the ruling are commented by Juliane Erthal de Carvalho.

STJ: recurrent special appeals and actions on financial participation in telephony

Since the introduction of the controversy involving actions regarding contracts of financial participation in telephony, the upper courts of the Judiciary have been overloaded with recurrent appeals, about various issues, aiming at postponing payment of debts imposed on telephony companies. This intense volume of appeals definitely contributed for the creation of the recurrent special appeals regime under Law 11.672 in 2008. As a result of the effort of the Judges involved in this process, important decisions were rendered considering article 543-C of the Civil Procedure Code, which guided judicial decisions about the theme in the lower courts. Check out the comments of Alexandre Wagner Nester about the subject.

RDC will encompass works for public prison buildings

Law 12.980/2014 was published on May 29, 2014 as a result of the conversion of Provisional Measure 630, recently passed by the Federal Senate with no amendments. The new law expands the scope of RDC [Differential Public Procurement Regime] in order to encompass works for public prison buildings and young correctional institutions. Therefore, the RDC shall not be applicable for every public procurement and government contract and, consequently, the reform of the public procurement law will be discussed in the context of Bill 559/2013. Read the comments of Marçal Justen Neto about the theme.

CAM-CCBC National Circuit in Curitiba (June 4)

On June 4, CAM-CCBC (Arbitration Center of the Chamber of Commerce Brazil-Canada) will hold another round of its National Circuit of Arbitration and Mediation in Curitiba. Cesar A. Guimarães Pereira and Eduardo Talamini will be speakers at the event. For more information and registration, click here.

Ports: lectures at the Escola da Magistratura do Paraná – EMAP (May 31)

The Escola da Magistratura do Paraná – EMAP (Magistrates’ College of Paraná) will hold lectures about Ports: A Historical Challenge. The event will be chaired by lawyer Fernão Justen de Oliveira and will be attended by distinguished members of the Judiciary, which shall analyze current issues of the sector. Click here for more information about the lectures.

Launching of collective work: Brazilian Constitutional Law (June 9)

The launch of the book Direito Constitucional Brasileiro (Brazilian Constitutional Law)  coordinated by Professor Clèmerson Merlin Clève and published by Revista dos Tribunais will be held on June 9. The event will take place at 7 pm, in the 1st floor of the Faculdade de Direito da Universidade Federal do Paraná – UFPR. The three-volume work presents articles on the most relevant issues of contemporary Constitutional Law. Among the 117 collaborators are attorneys Cesar A. Guimarães Pereira, with articles about Arbitration and Constitution and Public service in the economic order of the 1988 Constitution, Fernão Justen de Oliveira, with an article on Public Services and Competition, and Eduardo Talamini, with an article regarding the Effects of a Declaration of Unconstitutionality.

Book launch: Challenging an Arbitral Award

The book Impugnação da Sentença Arbitral (Challenging an Arbitral Award), authored by attorney Felipe Scripes Wladeck was released by publishing house Jus Podium. It examines the instruments for judicial challenge of national arbitral awards admitted by the Brazilian legal system, with a comprehensive analysis of its procedural aspects and under a practical approach. The thesis was presented by the author, under the supervision of Professor Carlos Alberto Carmona, at USP (University of São Paulo) in order to obtain a Master’s Degree.

São Paulo
Jardim Botânico