Public and regulatory law
Set forth by Decree No. 10,306/20, the use of BIM methodology in the execution of construction projects and engineering services for the federal government may be a key differentiation in facing the covid-19 crisis. The efficiency added by BIM may help deliver cost effective public works projects and contribute to economic recovery. The methodology may also support rebalancing proceedings, investment rescheduling, and renegotiations in public works contracts, which are expected to increase as a result of the pandemic.
Updates to the wording of Federal Decree No. 9,764/19 establish more comprehensive, secure, and effective legal instruments to fight the coronavirus pandemic through private donations to the direct Federal Government, federal agencies, and federal foundations.
In addition to measures to restore the economic and financial balance of contracts due to the covid-19 crisis, the Brazilian State will need to display competent action in order to plan and execute incentive policies that boost the economy after the pandemic.
In the current circumstances, we must find an optimal balance between, on the one hand, individual rights and respect for the freedom of economic players and, on the other, protection of the public interest and the constitutional provisions that privilege social and consumer rights.
With potential to change the ratio between revenue and expenses fixed in concession agreements, the covid-19 pandemic brings back the discussion on rescheduling infrastructure investments.
Given these highly exceptional circumstances, public law will play a central role in dealing with the sanitary and public health emergency, on the one hand, and in coping with the economic crisis, on the other.
The covid-19 pandemic has an impact on the most varied of areas of Brazilian and international law. For public law, the crisis will have repercussions for public services, infrastructure sectors, and private suppliers, seeking to ensure the long-term continuity of the services affected.
Reduction of bureaucracy in public procurement is one of the main policy goals of the Brazilian federal government. Among the actions taken throughout 2019 in this regard is the promulgation of Normative Instruction No. 1/2019 by the Digital Government Bureau of the Ministry of Economy. One of the most relevant milestones in improving public-private dialogue, the rule governs the process of contracting for IT solutions by the bodies and entities of the Federal Public Administration that are part of the Information Technology Resources Management System (Sisp).
Decree No. 9,507/18, published on September 24, extends the possibility of hiring outsourced workers by the direct federal public administration and public companies and companies controlled by the Federal Government.
Regulation of the use of cannabis for medicinal purposes is a subject widely debated and developed in European and North American countries. In Brazil, however, the debates are still at an embryonic stage. We will try to point out in this text some of the current challenges encountered by those wishing to commercially exploit the production of cannabis for medicinal purposes.
After a presidential signature with few vetoes, on April 26, Federal Law No. 13,655 was published, which establishes rules on the creation and application of public law. Known as the Legal Certainty Law, it includes new principles, applicable mainly to the practices of administrative law in the former Law of Introduction to the Civil Code, renamed in 2010 as Law of Introduction to the Norms of Brazilian Law (LINDB).
Iuri Reis Termination of a contract due to excessive hardship calls for two requirements beyond the ones for blue-penciling: extreme advantage to the counterparty and extraordinary nature of the events.