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Infrastructure and energy
BNDES approves temporary suspension of amortizations of financings
The National Economic and Social Development Bank (BNDES) approved different economic measures in March of this year in order to mitigate the social and economic impacts of the new coronavirus (covid-19) pandemic that Brazil is weathering. Among...
ANP regulates procedures to control flaring and loss of oil and natural gas
Resolution No. 806/2020 of the ANP (National Agency of Petroleum, Natural Gas and Biofuels) establishes new procedures for the control and reduction of flaring and losses of oil and natural gas in exploration and production (E&P) activities....
New public bidding models in the highway sector
Approximately 20 years after the first federal and state programs for highway concessions for the private sector, the concession agreements then entered into between the public administration and the operators of these sections will soon expire and...
Draft Gas Bill: main changes proposed in the legal framework of the sector
After more than six years under discussion, Bill No. 6,407/13 (the Gas Bill) was approved by the Chamber of Deputies' Mines and Energy Committee on October 23rd. The text amends provisions of Law No. 11,909/09, which establishes the legal framework...
The future of distributed generation: proposed revision of system rules goes for public consultation
Distributed generation (DG) allows consumers to generate their own electricity from renewable sources or qualified cogeneration and, where possible, provide the surplus to their own local distribution grid. The system has two modes: distributed...
Government studies possible changes to infrastructure debentures legislation
Created by Law No. 12,431/11 to promote the participation of private investment in financing the infrastructure sector in Brazil, infrastructure debentures have been gaining ever more force since 2016, with the reduction of the participation of the...
Cannabis sativa regulation for medical use could generate a billion-dollar market
The legalization of cannabis sativa for medicinal purposes is a controversial topic that has been debated for a long time in Brazil and in other countries. Despite criticism, some favorable points of the measure need to be considered, especially at...
Decree 9,957/19: rebidding and new perspectives for the infrastructure sector
The Federal Government published on, August 7, Decree No. 9,957/19, which regulates the procedure for the rebidding of partnership contracts in the highway, railway, and airport sectors. The rules complement the provisions of Chapter III of Law No....
Regulatory Agencies Law preserves key principles of original bill
Law No. 13,848/19, enacted in June, established the new framework for regulatory agencies in Brazil. Originating from Bill No. 52/13, the text signed into law differs very little from what was initially approved by the Senate, in spite of a few...
Perspectives on infrastructure financing in Brazil
The financing of infrastructure projects in Brazil has been undergoing important changes in recent years, caused, among other factors, by redefinition of the role of the National Bank for Economic and Social Development (BNDES) in this type of...
Law No. 13,842 and the new rules for airlines in Brazil
Signed into law by President Jair Bolsonaro with a partial veto, Executive Order (MP) No. 863/18 was converted on June 17th into Law No. 13,842, which extinguished the 20% limit on the participation of foreign capital in Brazilian airlines. Aside...
Lack of quorum will affect Cade’s activities
Competition law experts and businesspersons are following with apprehension the end of the term of office of the commissioners on the Administrative Tribunal of the Administrative Council for Economic Defense (Cade). TheTribunal, which is composed...
Airport concessions: lessons learned, challenges, and new opportunities
Now that the euphoria with the result of the 5th Round of Airport Concessions has passed, an analysis of the results obtained reveals a maturation of the concessions model adopted by the federal government. Choices made in the past, however, still...
Civil liability of managers of EFPCs: comparison between Complementary Law 109 and the Brazilian Corporations Law
The evolution of the Brazilian economy in recent years has brought new challenges to those responsible for the management of closed private pension entities (EFPCs), governed by Complementary Law No. 109/2001 (LC 109) and by Law No. 6,404/1976 (the...
Changes in the proposed opening of the capital of airlines to foreign investment
Executive Order (MP) No. 863/2018, which extinguishes the 20% limit on the participation of foreign capital in Brazilian airlines, should be reviewed by the plenary session of the Chamber of Deputies later this month. On last April 25, the joint...
Offshore wind and photovoltaic projects: the next frontier of renewable energy investment in Brazil?
Approved in the Federal Senate in December of 2018 (PLS 484/17) and currently pending in the Chamber of Deputies, Bill 11,247/18, although controversial, may represent an important advance for the expansion of renewable energy sources in the...
De-bureaucratization Law mandates simplification of requirements and dispensing with formalities
Federal Law No. 13,726/18, or the De-bureaucratization Law, enacted in October, not only authorizes, but also obliges public servants to dispense with or at least simplify formalities or requirements in their dealings with citizens. Among them are...
São Paulo Law Replicates Extension and Rebidding for State Partnership Contracts
In January, the state government of São Paulo enacted Law No. 16,933/2019, which regulates the institutes of contract extension, early extension, and rebidding in the State of São Paulo. This law is similar to the rules set forth in Law No....
ANP presses for advances in the opening of the natural gas market
In a letter sent to Cade, ANP analyzes measures necessary to promote competition in the natural gas market and advocates for the implementation of a gas release program to ensure a smooth transition. The natural gas market in Brazil is undergoing...
Draft legislative decree seeks to modify Antaq's regulations on FSRUs
A draft legislative decree (PDC) is pending before the National Congress which scope is to eliminate the provision for mandatory registration as “support facilities for water transport” of FSRUs (Floating Storage and Regasification Units –...
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