2019 YEARBOOK INFRASTRUCTURE - Webflow
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INFRASTRUCTURE 2019 YEARBOOK
Introduction
Vieira Rezende is a full-service Law Firm, composed by professionals
with a multidisciplinary practice, representing clients in a wide
range of sectors in both industrial and services activities in Brazil.
After the consolidation of the Corporate area, enhancing the Firm’
capabilities towards a full-service practice, accumulating tremendous
experience during the years of privatization and public service concession,
participating in historic operations such as the privatization of Vale, the
privatization of the electricity sector and the telecommunications sector,
as well as the restructuring of the financial and steel sectors.
Index
5. 21.
Main Laws and Provisional Main Projects
Measures cap. 1 2019 cap. 8
7. 23.
Main Negotiations of Concession
Decrees cap. 2 Extensions 2019 cap. 9
12. 23.
Main Legislative Constant Projects
Proposals cap. 3 PPI 2020 cap. 10
13. 29.
Relevant Decisions Issued by the Negotiations of Concession
Federal Accounting Court-TCU cap. 4 Extension 2020 cap. 11
16. 30.
Relevant Decisions Issued by the Possible
Superior Court of Justice-STJ cap. 5 Privatizations cap. 12
19. 31.
Relevant Decisions Issued by the Main State
Federal Supreme Court-STF cap. 6 Projects 2020 cap. 13
20.
Judgments Estimated
for 2020 cap. 7
Administrative Law & Regulatory Labor Law
Practice
Banking & Finance Oil, Gas & Offshore
Compliance Private Equity
Areas
Corporate / M&A Real Estate
Dispute Resolution Shipping
Infrastructure & Projects Tax
Innovation & Venture Capital Wealth & Estate Planning
www.vieirarezende.com.br
3 offices 120 professionals 24 years
Rio de Janeiro 21 partners established solid
São Paulo reputation and
Brasília history
Recognition
DEAL OF THE YEAR 2018/19
Latin American Airport Financing
PROJECT & INFRASTRUCTURE - LATINFINANCE
IJGLOBAL AWARDS - EUROMONEY
Counsel to a group of seven major banks in a 20-year financing
of roughly US$130 million for modernizing the largest airport in
Brazil’s north-east region, operated by French Group Vinci Airports. 3.
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4.
Infrastructure
Main Laws and
Provisional Measures 1.
Provisional Measure MPV 906/2019 Nov 19, 2019
“MPV” Dec 27, 2019
Amends Law No. 12,587/2012, which
Improves the procedures for the
establishes the guidelines for the
management and disposal of the
National Urban Mobility Policy.
Federal Government’s property.
MPV 910/2019 Dec 10, 2019 LAW 13.903/2019 Nov 19, 2019
Amends Law No. 11,952, of June 25, 2009, Authorizes the creation of the state-
which provides for land regularization of owned company NAV Brasil Serviços de
occupations on lands located in areas Navegação Aérea S.A. (NAV Brazil) and
of the Federal Government, Law No. amends Laws 7,783/1989, and 6,009/1973.
8,666, of June 21, 1993, which establishes
MPV 902/2019 Nov 05, 2019
rules for public administration bids
and contracts, and Law No. 6,015, of Amends Law No. 5,895/1973, which
December 31, 1973, which provides for authorizes the executive branch to
public records. transform the autonomous national
mint into a state-owned company.
LAW 13.913/2019 Nov 25, 2019
Provisional Measure suspended under a
Amends Law No. 6,766/1979, to ensure Court Decision of the Federal Supreme
the right of buildings to remain in the Court (“STF”) in the Direct Action for the
non-building area contiguous to the Declaration of Unconstitutionality ADI
public highway lanes and to enable the 6229. Please refer to "Main Decisions of
reduction of the extension of said non- the STF".
building area by means of municipal or
district laws. LAW 13.879/2019 Oct 03, 2019
Amends Law No. 9,472/1997, to allow
for the adaptation of the modality for the
grant of telecommunications services
from concession into authorization,
and Law No. 9,998/2000, and repeals
provisions of Law No. 9,472/1997.
5.
Main Laws and
Provisional Measures 1.
LAW 13.874/2019 Sep 20, 2019 LAW 13.853/2019 Jul 08, 2019
Establishes the Declaration of Rights Provides for the protection of personal
of Economic Freedom; establishes data and establishes the national data
free market guarantees. protection authority; among other
provisions.
MPV 896/2019 Sep 06, 2019
Amends Law 8,666/1993, Law LAW 13.848/2019 Jun 25, 2019
10,520/2002, Law 11.079/2004, and Providesforthemanagement,organization,
Law 12,462/2011, to set out the decision-making process and social
format for the publication of public control of regulatory agencies.
administration acts.
LAW 13.800/2019 Jan 04, 2019
LAW 13.869/2019 Sep 05, 2019
Authorizes the Public Administration to
Provides for the crimes of Abuse of execute partnership instruments and
Office. agreements for the performance of
programs, projects and other purposes
LAW 13.867/2019 Aug 26, 2019
of public interest with organizations
Amends Decree-Law No. 3,365/1941, that manage endowment funds.
to enable the option for mediation or
arbitration for the purpose of defining
the amounts of compensation in cases
of expropriation for public use.
6.
Main
Decrees 2.
DECREE 10.187/2019 Dec 20, 2019 DECREE 10.147/2019 Dec 02, 2019
Provides for the qualification of Provides for the qualification of
the policy of promoting the basic conservation units under the Investment
sanitation industry within the Partnership Program of the Presidency
Investment Partnership Program of of the Republic, and the inclusion thereof
the Presidency of the Republic. in the National Privatization Program.
DECREE 10.161/2019 Dec 09, 2019 DECREE 10.138/2019 Nov 29, 2019
Regulates the termination of lease Provides on the qualification of federal
contracts for goods linked to partnership public enterprises of the port and
agreements in the railway sector and the road industries under the Investment
sale or disposal of unserviceable railway Partnership Program of the Presidency
movable property of the National of the Republic.
Department of Transport Infrastructure -
DNIT, whether leased or not, located in DECREE 10.135/2019 Nov 29, 2019
the railroad right-of-way that is the subject Amends Decree No. 9271, of January
matter of the partnership agreement. 25, 2018, which regulates the grant of
concession contracts in the electricity
DECREE 10.157/2019 Dec 04, 2019
industry associated with the privatization
Institutes the Federal Policy for Fostering of the holder of a public service
the Collective Interstate and International concession for electric power generation,
Road Transportation of Passengers. pursuant to Law No. 9,074/1995.
DECREE 10.134/2019 Nov 27, 2019
Provides for the qualification of the
policy for promoting public childhood
education facilities under the Investment
Partnership Program of the Presidency
of the Republic.
7.
Main
Decrees 2.
DECREE 10.116/2019 Nov 19, 2019 DECREE 10.066/2019 Oct 16, 2019
Provides for the qualification of Provides for the qualification of
federal public enterprises in the Empresa Brasileira de Correios e
energy and mining industries under Telégrafos - ECT under the Investment
the Investment Partnership Program Partnership Program of the Presidency
of the Presidency of the Republic. of the Republic.
DECREE 10.117/2019 Nov 19, 2019 DECREE 10.054/2019 Oct 15, 2019
Provides for the qualification of projects Provides for the qualification of Casa da
to expand the capacity to recover Moeda do Brasil (the Brazilian National
energy from solid urban waste under Mint) under the Investment Partnership
the Investment Partnership Program of Program of the Presidency of the
the Presidency of the Republic. Republic, and the inclusion thereof in
the National Privatization Program.
DECREE 10.104/2019 Nov 06, 2019
Amends Decree No. 8,428/2015, which DECREE 10.065/2019 Oct 14, 2019
provides for the expression of interest Provides for the qualification of Centro
procedure to be complied with upon Nacional de Tecnologia Eletrônica
submitting any projects, surveys, Avançada S.A. - CEITEC within the
investigations or studies, by individuals Investment Partnership Program of
or private legal entities, to be used by the Presidency of the Republic.
the public administration.
DECREE 10.067/2019 Oct 16, 2019
Provides for the qualification of
Telecomunicações Brasileiras S.A.
- Telebrás under the Investment
Partnership Program of the Presidency
of the Republic.
8.
Main
Decrees 2.
DECREE 10.055/2019 Oct 14, 2019 DECREE 10.045/2019 Oct 04, 2019
Provides for the qualification of the policy Provides for the qualification of
for the promotion of the socio-educational Companhia de Entrepostos e Armazéns
assistance sector, for the purposes of Gerais de São Paulo - CEAGESP under
developing studies of the alternatives the Investment Partnership Program
of partnerships with the private sector of the Presidency of the Republic, and
for the construction, modernization and the inclusion thereof in the National
operation of socio-educational units, under Privatization Program.
the Investment Partnership Program of
the Presidency of the Republic.
DECREE 10.025/2019 Sep 20, 2019
Provides for the arbitration to settle
DECREE 10.050/2019 Oct 09, 2019 disputes involving the federal public
Amends Decree No. 7,246/2010, which administration in the port, road,
regulates Law No. 12,111/2009, which rail, waterway and airport transport
provides for the electric power service of industries.
isolated systems and the international
interconnection transmission facilities. DECREE 10.024/2019 Sep 20, 2019
Regulates the government acquisition
DECREE 10.046/2019 Oct 09, 2019
process, in the electronic procurement
Provides for governance in data modality, for the acquisition of goods
sharing within the federal public and the engagement of common
administration and establishes the services, including common engineering
citizen base registration and the services, and provides for the use of the
central data governance committee. electronic waiver, within the federal
public administration.
9.
Main
Decrees 2.
DECREE 10.008/2019 Sep 05, 2019 DECREE 9.998/2019 Sep 03, 2019
Provides for the qualification of Empresa Provides for the qualification of Empresa
Gestora de Ativos S.A. - EMGEA under de Trens Urbanos de Porto Alegre S.A.
the Investment Partnership Program - TRENSURB under the Investment
of the Presidency of the Republic, and Partnership Program of the Presidency of
the inclusion thereof in the National the Republic, and the inclusion thereof
Privatization Program. in the National Privatization Program.
DECREE 10.007/2019 Sep 05, 2019 DECREE 9.984/2019 Aug 22, 2019
Provides for the qualification of Provides for the inclusion in the National
Agência Brasileira Gestora de Fundos Privatization Program (Programa Nacional
Garantidores e Garantias S.A. - ABGF de Desestatização - PND.
under the Investment Partnership
Program of the Presidency of the DECREE 9.973/2019 Aug 14, 2019
Republic, and the inclusion thereof in
Provides for the qualification of federal
the National Privatization Program.
enterprises in the energy industry under
DECREE 9.999/2019 Sep 03, 2019 the Investment Partnership Program of
the Presidency of the Republic.
Provides for the qualification of
Companhia Brasileira de Trens Urbanos -
CBTU under the Investment Partnership
Program of the Presidency of the
Republic, and the inclusion thereof in the
National Privatization Program.
10.Main
Decrees 2.
DECREE 9.972/2019 Aug 14, 2019 DECREE 9.852/2019 Jun 25, 2019
Provides for the qualification of Provides for the qualification of
enterprises in the port, airport, road, enterprises under the Investment
rail and waterway industries under Partnership Program of the Presidency
the Investment Partnership Program of the Republic, and includes enterprises
of the Presidency of the Republic, and in the National Privatization Program.
the inclusion thereof in the National
Privatization Program. DECREE 9.830/2019 Jun 10, 2019
Regulates the provisions of Art. 20
DECREE 9.957/2019 Aug 06, 2019
through Art. 30 of Decree-Law No.
Regulates the procedure for the re- 4,657/1942, which institutes the Law of
bidding of partnership contracts in Introduction to the Rules of Brazilian
the road, railway and airport industries Law.
provided for under Law No. 13,448/2017.
DECREE 9.820/2019 Jun 03, 2019
DECREE 9.915/2019 Jul 16, 2019
Provides for the inclusion in the National
Provides for the qualification of Angra Privatization Program (PND) of the
3 Thermonuclear Power Plant in the equity debentures issued by Vale S.A.
Investment Partnership Program of and held by the Federal Government.
the Presidency of the Republic.
DECREE 9.811/2019 May 30, 2019
DECREE 9.914/2019 Jul 11, 2019
Provides for the inclusion in the
Provides for the qualification of the Electric National Privatization Program (PND)
Power Transmission Facilities that make up of the Federal Government’s common
Manaus – Boa Vista Interconnection in the shares representing the capital stock
Investment Partnership Program of the of IRB Brasil Resseguros S.A.
Presidency of the Republic.
11.Main Legislative
Proposals 3.
Bill 1292/95 - Proposal of the Bill 4566/19 (attached to Bill
new Acquisition Law. 8518/17) - Proposal to discipline
the temporary licensing for
the installation of telecom-
Read more
munications infrastructure in
urban areas.
Bill 3261/19 - Proposal of the Read more
new regulatory framework for
basic sanitation.
Read more Bill 7063/17 - Proposal for
unification of the Law on Pub-
lic-Private Partnerships (Law
No. 11,079/2014) and of the
Bill 261/18 - Proposal for a new General Law on Concessions
regulatory framework for the (Law No. 8,987/1995).
railway industry.
Read more
Read more
12.Relevant Decisions Issued
4.
by the Federal Accounting
Court-TCU
Decision 61/2019 Full Court Decision 1216/2019 Full Court
The mere participation of a bidder as a micro The Federal Public Administration authorities
or small business, or even as a cooperative and entities may accept an insurance policy
(Art. 34 of Law 11,488/2007), supported by as a guarantee that contains a clause
a misrepresentation as described under the excluding from coverage any losses and
conditions of Complementary Law 123/2006 other penalties caused by or related to any
characterizes bid rigging, and shall give rise acts or facts that violate anti-corruption
to the application of the penalty of Art. 46 of rules that have been triggered by the
Law 8,443/1992, and it is not necessary, for the insured or its representative, whether
characterization of the wrongful act, for the individually or along with the principal
perpetrator to obtain the expected advantage. or its representative. On the other hand,
Read more they must refuse any insurance policy that
contains a clause excluding from coverage
Decision 183/2019 Full Court any losses and other penalties caused by
or related to any acts or facts that violate
Subject to being held jointly and severally anti-corruption rules that have been
liable for overcharging along with the public triggered exclusively by the principal or its
agents, bidders shall offer prices that reflect representative, without the participation
market paradigms, even if the values set by of the insured or its representative.
the Administration under the basic budget
of the bidding process are beyond that level. Leia mais
First
Read more Decision 4125/2019 Chamber
Decision 628/2019 Full Court The exchange variation, under a floating
exchange system, cannot be considered
For qualification purposes, it is illegal to sufficient to, on its own, support the need
demand the presentation of a Labor Debt for economic-financial recovery of the
Clearance (Certidão Negativa de Débitos contract based on Art. 65, II, letter "d", of Law
Trabalhistas – CNDT) in the name of the majority 8,666/1993. In order for the exchange variation
shareholder of the bidding company, for it is not to justify the payment of any amounts to the
provided for under Art. 29, of Law 8,666/1993. contractor in order to restore the economic-
Read more financial balance, it must be unpredictable or
with incalculable consequences.
Read more
13.Relevant Decisions Issued
by the Federal Accounting
Court-TCU 4.
Decision 1849/2019 Full Court Decision 2279/2019 Full Court
It is irregular to require that the State-owned companies and public
certification of technical-operational and private joint stock companies must
capacity of any company participating apply Law 13,303/2016 (the State-
in a bidding process be registered or Owned Companies Law) to biddings
filed with CREA, since Art. 55 of Confea with requests for proposals pending
Resolution 1,025/2009 prohibits the publication, even if the internal phase of
issuance of a Specialized Engineering the bidding process has started before
Certificate (Certidão de Acervo the limit established in Art. 91 of the
Técnico – CAT) on behalf of a legal aforementioned law (July 1, 2018).
entity. The requirement of certificates Read more
registered before the relevant
professional entities must be limited Decision 2326/2019 Full Court
to technical and professional skills,
which concern individuals indicated For the purposes of technical and
by the bidding companies. operational qualification in bidding
processes aimed at contracting
Read more engineering construction works and
services, certificates issued on behalf
Decision 2186/2019 Full Court of the bidder must be required, and the
Specialized Engineering Certificates (CAT)
In the case of exemption from bidding,
or Annotations/Registrations of Technical
the legislation does not impose any
Responsibility (ART/RRT) issued by the
objective rules regarding the number
relevant professional supervisory board on
of companies called to submit bids
behalf of the professionals linked to the said
and the form of selection of the
certificates may be requested as a way of
contractor, but rather determines that
checking the authenticity and accuracy to
this choice must be justified (Art. 26,
the information contained in the documents
sole paragraph, of Law 8,666/1993).
issued in the name of the bidders.
Read more
Read more
14.Relevant Decisions Issued
by the Federal Accounting
Court-TCU 4.
Decision 2445/2019 Full Court Decision 2656/2019 Full Court
The use of ineligible financial statements The compliance with the provisions of
with the purposes of demonstrating Art. 49, paragraph 3, of Law 8,666/1993
economic and financial qualification (adversary proceeding and fair hearing)
justifies the declaration of ineligibility of the shall only be enforceable when the bidding
responsible company to participate in bids procedure, for having been completed with
within the Federal Public Administration the award of the subject matter, generates
(Art. 46 of Law 8,443/1992). subjective rights to the winning bidder, or in
cases of revocation or annulment in which
Read more the bidder is indicated, whether directly
or indirectly, as the party that caused
Decision 2474/2019 Full Court the dissolution of the bidding process.
The requirement for proof of previous Read more
experience, for the purposes of technical and
operational qualification, in the performance
of services that are not, simultaneously, Decision 2573/2019 Full Court
of greater technical relevance and Bids for building maintenance services
significant value of the subject matter must be preceded by a preventive and
violates Art. 30, paragraph 1, I, of Law corrective maintenance action plan, with
8,666/1993, Art. 14 of Law 12,462/2011 the definition of the services and their
(RDC), and Precedent TCU 263. respective amounts to be demanded in the
contractual performance, in compliance
Read more
with Art. 6, IX, and Art. 7, paragraph 2, II,
and paragraph 4, of Law 8,666/1993.
Read more
15.Relevant Decisions Issued
by the Superior Court of
Justice-STJ 5.
PRECEDENT 633 DIVERGENCE MOTION
Law no. 9,784/1999, especially with 1.281.594 - SP
regard to the peremptive period for the The statute of limitations for cases of
review of any administrative acts within contractual civil liability is 10 years, as
the Federal Public Administration, can set forth under Art. 205 of the Civil
be applied, secondarily, to states and Code. Precedent 635 has been issued to
municipalities, if there is no specific this effect: "The statute of limitations
local regulation regulating the matter. provided for under Article 142 of
Law n. 8,112/1990 shall begin on the
Read more date the competent authority for
the opening of the administrative
procedure becomes aware of the
PRECEDENT 634 fact, shall be interrupted with the
first valid opening act - a punitive
The same statute of limitations inquiry or disciplinary procedure -
provided for public agents under the and shall restart in its entirety 140
Law on Misconduct in Public Office days after such interruption".
shall apply to individuals.
Read more
Read more
16.Relevant Decisions Issued
by the Superior Court of
Justice-STJ 5.
SPECIAL APPEAL SPECIAL APPEAL
1.155.590-DF 1.543.465-RS
Free interstate collective public transport Interstate road transport. Elderly. Free
for weak people with disabilities. Law parking spots. Exemption from toll fees
8,899/1994. Inclusion of air transport. and from the use of road terminals.
Unreasonability. Based on this decision, The guarantee of free transport to the
although Law 8,899/1994 and Decree elderly is provided for under Art. 230,
3,691/2000 do not specify to which modes paragraph 2, of the Federal Constitution,
of interstate collective public transport and under Law 10,741/2003. The
the free fare shall be applicable for weak legislation guarantees the reservation
people with disabilities, the STJ decided of 2 free parking spots per vehicle to
that it is not up to it to expand the cases the elderly with an income equal to or
of free fare in the interstate collective lower than two (2) minimum wages,
public transport modes based on the not establishing any conditions to
interpretation of the Constitution, under be followed other than the income
penalty of acting as a positive lawmaker. criterion. Thus, not only the value
of the ticket must be assured to the
elderly, but also any costs directly
Read more
related to transport, which includes
toll fees and the use of terminals.
Read more
17.Relevant Decisions Issued
by the Superior Court of
Justice-STJ 5.
SPECIAL APPEAL SPECIAL APPEAL
1.745.415-SP 1.164.893-SE
Administrative Contract. Ancillary Allotment. Regularization. Municipal
bank-issued guarantee. Consumer authority and duty. Limitation to
Protection Code and Precedent 297/ essential infrastructure works. Charging
STJ. Non-applicability. Administrative from the developer of the costs of the
contracts are not subject to the rules remedy action. It is up to the Municipality
of the Consumer Protection Code. to promote the orderly occupation of
A bank-issued guarantee under any urban land, based on Art. 30, VIII, of
administrative contract, thus, is subject the 1988 Federal Constitution, ensuring
to public law, since the contracting of well-being to its inhabitants throughout
such a guarantee does not arise from the territory of the political entity,
freedom to contract, but rather from in accordance with the Master Plan
the position of supremacy that the law and the applicable urban legislation,
confers on Public Administration in pursuant to Art. 182 of the 1988 Federal
administrative contracts. Therefore, Constitution. It is also the responsibility
STJ Precedent 297 on the application of the Municipality to ensure sustainability
of the Consumer Protection Code to and avoid land subdivision the guidelines
financial institutions is not applicable. for regularization of allotments as
provided for under Art. 40, paragraph
5, of Law No. 6,766/1979 (Urban
Read more
Land Subdivision Law). Thus, it is
the Municipality's responsibility to
perform solely the essential works to
be implemented, in accordance with
the applicable local urban legislation.
Leia mais
18.Relevant Decisions Issued
by the Superior Court of
Justice-STJ 5.
SPECIAL APPEAL 1.770.001-AM
Administrative Law, Civil Law. Criminal trespassing committed by individuals.
Infrastructure services by the State. Indirect expropriation. Non-occurrence. Indirect
expropriation is not characterized when the State performs only public infrastructure services
in land whose invasion by individuals presents a consolidated and irreversible situation.
6. Relevant Decisions Issued by the
Federal Supreme Court-STF
WRIT OF MANDAMUS 34939/DF
Performance of logistics service by ECT and waiver of the bidding process. It is illegal for
Empresa Brasileira de Correios e Telégrafos (ECT) to contract logistics services directly, waiving
the bidding process, based on Art. 24, VIII, of Law 8,666/1993. The possibility of waiving the
bidding process does not authorize the Administration to do it. The Administration must
carry out an analysis of the context and decide whether or not to start a bidding process.
Read more
19.Relevant Decisions
6.
Issued by the Federal
Supreme Court-STF
ADI 5624 PRECAUTIONARY ACTION AGAINST THE VIOLATION
MEASURE-Ref/DF (Newsletter 943) OF A CONSTITUTIONAL
FUNDAMENTAL RIGHT (“ADPF”)
Sale of a state-owned company and 235/TO
legislative authorization. The requirement Broadcasting and conflict of legislative
for legislative authorization does not apply competent jurisdiction. Declaration of
to the sale of the controlling interest of unconstitutionality of Law 416/2008 of
subsidiaries and controlled companies of the Municipality of Augustinópolis/TO,
state-owned and private and public joint stock which authorizes the Executive Branch
companies. However, the principles of public to grant broadcasting operations, as
administration contained in Art. 37 of the 1988 the challenged law invaded the Federal
Federal Constitution must be complied with. Government's reserved power to provide
Read more for broadcasting, in violation of Art. 21,
XII, a, of the 1988 Federal Constitution.
EXTRAORDINARY APPEAL
1027633/SP Read more
Damage caused by a public agent: action
for damages and standing to be sued. The
EXTRAORDINARY APPEAL
action for damages caused by a public 1083955/DF
agent shall be brought against the State CADE's decisions and the actions
or against the Legal Entity under private of the Judiciary. The Judiciary's
law providing a public service, based on control of administrative decisions
the provisions of Art. 37, paragraph 6, of within CADE must be limited to
the 1988 Federal Constitution. A right of examining the legality or abusiveness
recourse against the agent responsible of administrative acts.
shall be ensured in cases of willful
misconduct or fault. It is a judgment of Read more
general repercussion (Theme 940).
Read more
20.Relevant Decisions
Issued by the Federal
Supreme Court-STF 6.
ADI 6229/DF
Decision of the examination of a precautionary measure suspending the effectiveness
of Provisional Measure (MP) 896/2019, which exempts public administration authorities
from the publication of invitations to bid, price quotations, tenders and auctions in
newspapers with wide circulation.
Read more
7. Judgments Estimated
for 2020
ProAfR in Special Appeal 1.757.385-SC
Judgment in order to standardize the understanding regarding the statute of limitations
applicable to indirect expropriations, in the event that the Government has carried out works
on the site or attributed the nature of public use or social interest to the property. Discussion
on whether the term would be 15 years, as provided for under the caption of Art. 1,238 of
the Civil Code, or 10 years, in accordance with the sole paragraph of the same article.
Read more
21.Main Projects
2019 8.
Auction for the segment AE 10 / AE 11 / AI 01 - Liq-
BR-364/365/GO/MG uid Bulk Lease in the Port of
Cabedelo/PB
Read more
Read more
Auction of the Northeast,
Southeast and Center-West STS 13A - Liquid Bulk Lease in
Airport Blocks (12 airports) the Port of Santos/SP
Read more Read more
New Energy Auction (LEN) STS 20 - Solid Bulk Lease in
A-4 of 2019 the Port of Santos/SP - San-
tos, São Paulo
Read more
Read more
North-South Railway - SP to TO
Liquid Bulk Port Terminals in
the Port of Belém/PA -(BEL
Read more
02A, BEL 02B, BEL 04, BEL 08
and BEL 09)
Read more
22.Main Projects
2019 8.
Cellulose Terminal in the Port New Energy Auction (LEN)
of Paranaguá/PR - (PAR01) A-6 of 2019
Read more Read more
Liquid Bulk Port Terminal in the CPRM Mining Rights-TO -
Port of Vitória/ES Zinc, Copper and Lead of
Palmeirópolis
Read more
Read more
Liquid Bulk Port Terminal in
the Port of Vila do Conde/PA Piracicaba Lot Concession
- (VDC 12) - Panorama
Read more Read more
Exclusive Instant Lottery – Transmission facilities auction
LOTEX PPI/PND-2019 No. 2/2019
Read more Read more
23.Negotiations of Concession
Extensions 2019 9.
EFVM - Vitória-Minas Rumo Malha Paulista SA
Gerais Railroad Early extension of the concession
Early extension of the concession contract.
contract.
Read more
Read more
10. Constant Projects
PPI 2020
Public-Private Partnershio (PPP) for the Management of the
Communications Network - Aeronautics Command - COMAER
(Request for Proposals Published in Aug/2018 - Auction estimated for the 1st
Quarter of 2020)
Read more
24.Constant Projects
PPI 2020 10.
6th Round of Airport Concessions Empresa de Trens Urbanos de
- South, North I and Central Porto Alegre S.A. (Trensurb)
Blocks – Study Phase. Request for Proposals Estimate: 4th
Request for Proposals Estimate: 3rd quarter of 2020
quarter of 2020 Auction Estimate: 2nd quarter of 2021
Auction Estimate: 4th quarter of 2020
Read more
Read more
Companhia Brasileira de Trens
Railway EF-170 - MT/PA - Urbanos (CBTU)
Ferrogrão Request for Proposals Estimate:
Request for Proposals Estimate: 2nd 2nd quarter of 2020
quarter of 2020 Auction Estimate: 4th quarter of
Auction Estimate: 3rd quarter of 2020 2021
Read more
ATU 12 – Solid Bulk Lease in the Port
of Aratu/BA
Railway EF-334/BA – West-East Request for Proposals Estimate: 2nd
Integration Railway FIOL (section quarter of 2020
between Ilhéus/BA and Caetité/ Auction Estimate: 3rd quarter 2020
BA) Read more
Request for Proposals Estimate: 2nd
quarter of 2020
Auction Estimate: 3rd quarter of 2020
Read more
25.Constant Projects
PPI 2020 10.
Privatization - Companhia Docas IQI 03 - Liquid Bulk Lease in the
do Espírito Santo – CODESA Port of Itaqui /MA – Itaqui, São
Request for Proposals Estimate: 4th Luís, Maranhão
quarter of 2020 Request for Proposals Estimate: 1st
Auction Estimate: 2nd quarter of 2021 quarter of 2020
Auction Estimate: 2nd quarter of 2020
Read more
Read more
Privatization of the Organized Port
of São Sebastião/SP - Centro, São IQI 11 - Liquid Bulk Lease in the
Sebastião, São Paulo Port of Itaqui/MA – Itaqui, São Luís,
Request for Proposals Estimate: 1st Maranhão
quarter of 2021 Request for Proposals Estimate: 1st
Auction Estimate: 2nd quarter of 2021 quarter of 2020
Auction Estimate: 2nd quarter of 2020
Read more
Read more
IQI 12 - Liquid Bulk Lease in the
Porto f Itaqui/MA – Itaqui, São
Luís, Maranhão
Request for Proposals Estimate: 1st
quarter of 2020
Auction Estimate: 2nd quarter of 2020
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26.Constant Projects
PPI 2020 10.
IQI 13 - Liquid Bulk Lease in the SUA 05 - Container Lease in
Port of Itaqui/MA – Itaqui, São the Port of Suape/PE
Luís, Maranhão Request for Proposals Estimate: 4th
Request for Proposals Estimate: 1st quarter of 2019
quarter of 2020 Auction Estimate: 1st quarter of 2020
Auction Estimate: 2nd quarter of 2020
Read more
Read more
Concession of BR-153/282/470/SC
STS 14 - Cellulose Terminal in the and SC-412 Highways
Port of Santos/SP Request for Proposals Estimate: 4th
Request for Proposals Estimate: 1st quarter of 2020
quarter of 2020 Auction Estimate: 1st quarter of 2021
Auction Estimate: 2nd quarter of 2020
Read more
Read more
STS 14A - Cellulose Terminal in the
Port of Santos/SP
Request for Proposals Estimate: 1st
quarter of 2020
Auction Estimate: 2nd quarter of 2020
Read more
27.Constant Projects
PPI 2020 10.
Vehicle Terminal in the Port of Concession of the highways BR-
Paranaguá/PR - (PAR12) 381/262/MG/ES - Section of BR-
Request for Proposals Estimate: 2nd 381/MG between Belo Horizonte
quarter of 2020 and Gov. Valadares and BR-262/
Auction Estimate: 3rd quarter of 2020 MG/ES between João Monlevade/
MG and Viana/ES
Read more Request for Proposals Estimate: 3rd
quarter of 2020
Fortaleza Passenger Maritime Auction Estimate: 4th quarter 2020
Terminal
Request for Proposals Estimate: 4th Read more
quarter of 2019
Auction Estimate: 2nd quarter of 2020 Highway – BR-040/495/MG/RJ
(Concer) – Juiz de Fora to Rio de
Read more Janeiro
Request for Proposals Estimate: 3rd
Concession of the highways BR- quarter of 2020
163/230/MT/PA - Section between Auction Estimate: 4th quarter of 2020
Sinop/MT and Miritituba/PA
Request for Proposals Estimate: 2nd Read more
quarter of 2020
Auction Estimate: 3rd quarter of 2020
Read more
28.Constant Projects
PPI 2020 10.
BR-101/SC Highway – Paulo Lopes Highway – BR-116/493/RJ/MG
to São João do Su (CRT)
Highway: 4th quarter of 2019 Highway: 3rd quarter of 2020
Auction Estimate: 1st quarter of 2020 Auction Estimate: 4th quarter of 2020
Read more Read more
Highway – BR-116/465/101/SP/ Highway – BR-153/080/414/GO/TO -
RJ (Dutra) – Rio de Janeiro to São Aliança do Tocantins to Anápolis
Paulo Highway: 2nd quarter of 2020
Highway: 3rd quarter of 2020 Auction Estimate: 3rd quarter of 2020
Auction Estimate: 4th quarter of 2020
Read more
Read more
29.Negotiations of Concession
Extension 2020 11.
FCA - Ferrovia Centro- EFC - Carajás Railroad
Atlântica S.A. - early - early extension of the
extension of the concession concession contract
contract Amendment Estimate: 2nd
Amendment Estimate: 2nd quarter of 2020
quarter of 2020
Read more
Read more
Rumo Malha Paulista - early
MRS Logística S.A. - early extension of the concession
extension of the concession contract
contract Amendment Estimate: 1st
Amendment Estimate: 4th quarter of 2020
quarter of 2020
Read more
Read more
EFVM – Vitória-Minas
Gerais Railroad - early
extension of the concession
contract
Amendment Estimate: 1st
quarter of 2020
Read more
30.Possible
Privatizations 12.
CODESP
Companhia Docas do Estado de São Paulo*
DATAPREV
Empresa de Tecnologia e Informações da Previdência**
SERPRO
Serviço Federal de Processamento de Dados**
ELETROBRAS
Centrais Elétricas Brasileiras S.A. (PL 5877/2019)
* Decree no. 10,138/2019, of November 29, 2019 inserted the Studies for
Privatization of the Port of Santos in the PPI. Purpose of the Project: Promotion of
the studies for privatization of the Organized Port of Santos/SP and of Companhia Docas do
Estado de São Paulo – CODESP. Period Estimated for Contracting the Studies: 4th Quarter of
2019. Approval of the Studies: 4th Quarter of 2020. Public Consultation: 1st Quarter of 2021.
Read more
** Direct Action for the Declaration of Unconstitutionality (ADI 6241) filed
at the Federal Supreme Court by PDT - The Democratic Workers Party, questioning
the constitutionality of Laws No. 9,491/1997 and 13,334/2016) that govern the National
Privatization Program (Programa Nacional de Desestatização – PND), in addition to decrees
and resolutions that regulate the sale of six state-owned companies. In this action, PDT also
requires an injunction suspending the privatizations. The injunction is pending appreciation.
Read more
31.Main State
Projects 2020 13.
SP Interlagos Autodrome Sale of the
autodrome, based on the Bidding
Anhembi Complex Area for fairs and Process for Abu Dhabi Autodrome
exhibitions São Paulo Funeral Service Management
Pacaembu Stadium of the municipal funeral service
São Paulo’s Bilhete Único Electronic 15-silver line (monorail) Concession for
ticketing system for public transport. the operation and maintenance of the
The purpose is to improve the service monorail line
São Paulo City Hall Parks Concession of Intercity bus lines Concession of the
the management of municipal parks intercity line transport system in the
Ibirapuera Park Management and 645 municipalities of the state
maintenance of the city's most important park SP public lighting PPP 20-year PPP
São Paulo Municipal Produce Market bidding process for the installation of
Management of the Public Produce more than 700,000 LED lamps in the city
Market São Paulo Railway section between
Kinjo Yamato Produce Market Perus and Manoel Feio to be built by
Management and concession of stands MRS in exchange for the concession
in the municipal produce market renewal
Parking lots in São Paulo Management Santo Amaro Municipal Produce Market
of municipal parking lots and tow trucks operation, maintenance and use of the
São Paulo Bus Terminals Concession for space
the management of 27 bus terminals and SABESP Privatization of the state-owned
construction of commercial buildings company responsible for sanitation and
São Paulo Cemeteries Management and water supply
services of municipal public cemeteries
32.Main State
Projects 2020 13.
RJ Salvador street lighting Street lighting
modernization, with LED installation
Audiovisual Complex Complex of studios and remote management
with infrastructure for audiovisual production Sale of public land in Salvador sale of 9
Street Lighting in Rio de Janeiro pieces of land owned by the Municipality
Modernization and energy efficiency of of Salvador (partly completed)
more than 430,000 light fixtures
EDUCARIO Creation of 55,000 new CE
vacancies in childhood education, through
Acquario Ceará Equipment under
the construction of 130 new school units
construction for aquatic life exhibition
New Autodrome in Rio de Janeiro
Castelão Arena Stadium with capacity
Construction of a new circuit for major
for 67,037 covered seats and 52 boxes.
automobile events in Deodoro
Current PPP expires in December
Companhia Estadual de Águas e
Ceasa Ceará Vegetable, fruit and poultry
Esgotos do Rio de Janeiro – CEDAE
distribution center with a total area of
Sale of the state sanitation company;
407,000 m2
requirement imposed by the State Tax
Ceará Events Center Multipurpose
Recovery Plan
equipment for fairs and events with a
BA usable area of 76,000 m2
Northeast Olympic Training Center
Bahia LRV linking the Commerce and Structure aimed at the training of athletes
Rail Suburb regions, with a total of 19 km and teams in 26 Olympic modalities, built
CODEBA (Companhia das docas do next to Castelão Arena
estado da Bahia) Revitalization of Codeba's Digital Belt of Ceará Optical fiber network
warehouses for the implementation of a of approximately 3,000 km operated by the
Gastronomic Cultural Center State Information Technology Company
33.Main State
Projects 2020 13.
Solar Panels at Eixão das Águas Guará Sports and Leisure Complex
Implementation of power generation by Estimate of new karting tracks, a club, a
a solar photovoltaic source on the canal stadium and a gymnasium
land with 255 km Street Lighting in the Federal District
Fortaleza Subway System LRV Concession Installation of 290,000 light fixtures
between the neighborhoods of Parangaba New north exit Project with a fourth
and Mucuripe, of Sobral and Cariri LRV, in bridge over Lake Paranoá
addition to the Southern Subway Line Brasilia City Park Renovation, maintenance,
Desalination Plant Construction of modernization and operation of the park
equipment to desalinate sea water and creation of kiosks
Roads of the State Network of Ceará Popular Shopping Center in
Transfer of the management of part of Brasilia Establishment in Brasília
the state road network to the private sector Railroad Park
Land of the Government of Ceará Transbrasilia road Creation of a 26-
Three pieces of land with a total area of km road between Setor Policial Sul to
479,000m2 Samambaia, Guará I and II, Águas Claras,
Park Way, Taguatinga and Samambaia
DF Public parking lots in Brasilia Government
wants to charge for parking in public
ARENAPLEX Areas of Mané Garrincha
parking lots
Stadium, Nilson Nelson Gymnasium,
Brasilia National Theater Government
Claudio Coutinho Aquatic Complex and
seeks partner to renovate the theater,
multisport courts
estimating costs of at least BRL 35 million
Brasília Autodrome Renewal of the site
Granja do Torto Renovation of the 74.5–
with a racetrack and other entertainment
hectare venue; the project includes the
and service options
creation of a college at the site
BIOTIC Technology Park of Brasilia, with
North LRV – DF The project provides for
environment for the installation of several
a Light Rail Vehicle connecting the Pilot
companies
Plan to Planaltina
34.Main State
Projects 2020 13.
South W3 – DF Revitalization of the GO
commercial route and construction of a
LRV connecting the Pilot Plan to JK Airport Indústria Química do Estado de Goiás
Brasilia Executive Airport the terminal S/A (IQUEGO) Administrative concession
should replace the current aerodrome, of the management, operation and
focusing on private, executive or maintenance services of the unit
government flights Multimodal platform of Anapolis
Concession of services for the integration
ES of road, air and rail transport of the platform
Highways GO-010/020/060/070/080/
Carapina Pavilion The space with
139 E213 Concession of 896 km of toll
100,000 m2 has been leased and the
roads in exchange for maintenance and
lease contract expires in December
investments
Cariacica Municipal Sanitation Service
VAPT VUPT Goiás Transfer to the private
Universalization of the basic sanitation
sector of all customer services
service in the municipality
Modernization of civil identification
services in Espírito Santo Project MG
to increase the production of expert CASEMG (Companhia de Armazéns
reports and reduce the time for delivery e Silos do Estado de Minas Gerais)
of identity cards Privatization of the federalized company
Re-use of Cambur station treated sewage that has 18 units in MG
Project to reuse treated sewage at Camburi CEASAMINAS Privatization of a company
station for industrial purposes under the supervision of the Ministry of
Agriculture and with 6 warehouses in MG
35.Main State
Projects 2020 13.
Peter Lund Caves Route Exploration and CODEMIG Transformation of Companhia de
management of Parque do Sumidouro, Desenvolvimento Econômico de Minas Gerais
Monumento Natural Estadual Gruta into a private and public joint stock company
Rei do Mato and Monumento Natural EXPOMINAS II Construction and operation
Estadual Peter Lund of a Convention Center and a Multipurpose
Highway MG-424 Operation of 51.09 km and Agricultural Exhibition Park
of highway Sale of CEMIG properties in MG and GO
Highways BR-459, BR-146, MG-290, MG- The state-owned company put up for sale 46
295, MG-455 and MG-459 Operation of properties in 27 cities of Minas Gerais and Goiás
379.5 km of highways RS
Construction and maintenance of
128 schools in MG Implementation, RIOGRANDENSE sanitation company
maintenance and operation of public – CORSAN Water and sanitation company
education units in over 50 cities ZOOBOT NICA Foundation Foundation
Yards for vehicles seized in MG Project for that manages Sapucaia do Sul Zoo
the concession of the service of removal and Highways ERS 324, ERS 287 and ERS 020
storage of vehicles seized due to traffic offenses Study of a partnership with the private
Criminal Forensic Science Center in sector for road management
MG Construction and maintenance of a BANRISUL Sale of 49% of the shares of
Criminal Forensic Science Center, which will Rio Grande do Sul state-owned bank
be the new headquarters for authorities (partially completed)
New headquarters of DETRAN-MG Companhia Estadual de energia
Deployment and management of the elétrica - CEEE Power Concessionaire in
infrastructure for the new headquarters the South-Southwest of RS; it is part of
of Detran/MG the State Tax Recovery Plan
Vehicle license plates in MG Concession of CRM Mineradora is part of the State Tax
the service of deployment and distribution Recovery Plan
of mirror plates and automotive tags
36.Main State
Projects 2020 13.
SULGÁS Gas operator. It is part of the to ensure the management and
State Tax Recovery Plan and must be conservation of part of the park
approved by the National Treasury and Digital Electronic Clocks in Porto Alegre
voted in the State Legislature Concession for the operation and
Street Lighting in Porto Alegre maintenance of digital electronic clocks
Administrative concession for the Street signs in Porto Alegre Concession
performance of street lighting services project for the installation, maintenance
DMAE (Municipal Department of Water and operation of street signs
and Sewage) of Porto Alegre Administrative Bus shelters in Porto Alegre Concession
concession for the modernization and for the modernization, operation and
performance of services in the water and maintenance of bus shelters in the city
sewage network Events Center in Porto Alegre Project
DMLU (Municipal Department of Urban for the construction, operation and
Cleaning) of Porto Alegre CConcession for maintenance of the Events Center
the performance of public services for the Porto Alegre Administrative Center
management of solid waste from urban cleaning Concession for the construction and
Porto Alegre Public Produce Market Project operation of the City Hall Administrative
of a partnership for the management of Centre to replace Paço Municipal and
the venue, with the possibility of building a Prefeitura Nova
parking lot next to it Porto Alegre Bus Station Concession
Hospital Materno Infantil Presidente to the private sector
Vargas (HMIPV) Public-Private Partnership Parque Harmonia Concession of Parque
for the construction, equipment supply Harmonia
and operation of the new HMIPV Araujo Vianna Auditorium Renewal of the
Parks and squares of Porto Alegre Project concession of Araujo Vianna Auditorium
of a partnership with the private sector
for the management of 9 municipal parks
Parque da Orla do Guaíba Project of a
partnership, followed by a concession,
37.Our Partners
Infrastructure
Profiles
Celso Contin Cláudio Guerreiro
Celso has extensive experience in structured Cláudio is a member of the board of directors of
finance operations, mergers and acquisitions the firm and the leading partner in the corporate
and transactions involving real estate assets. area. He is a reference in advising on aspects
Represents for years some of the largest related to the use of natural resources, especially
foreign and domestic banks and companies in mining, water and sanitation. Cláudio has extensive
complex operations involving companies and experience in the corporate and administrative
assets in Brazil. areas representing large corporate groups in
M&A operations and infrastructure projects.
Full biography here
Full biography here
Claudio Marques
Claudio has extensive experience in litigation Marina Aidar
and arbitration (civil and corporate), including Marina has extensive experience in financing
commercial contracts, civil liability, corporate and structuring. Advises national and international banks
corporate disputes. He has extensive experience and companies in complex operations, including
in administrative law, including bidding, public international lending, project financing in
procurement, concessions and public-private regulated sectors and issuance of debt securities
partnerships. He is a partner in the Litigation & in the capital markets. Marina is recognized for her
Arbitration practice of Vieira Rezende and the Rio pro-deal position in negotiations, representing
de Janeiro State Attorney since 2004. the interests of her clients.
Full biography here Full biography here
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