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Infrastructure and energy
The changes promoted by Decree 11,498/23
The importance of priority projects in the Brazilian capital market has grown exponentially in recent years, as indicated by the data regarding the issuance of incentivized debentures. According to the December 2022 Incentive Debentures Report...
The CFEM and the collection of PIS and Cofins
The Federal Constitution instituted the Financial Compensation for Mineral Exploitation (CFEM) – more commonly known as "mining royalties" – as a consideration for the economic use of mineral resources (Union assets) to be collected by the...
New arbitration convention of CCEE
The National Electric Energy Agency (Aneel) approved, on February 14 of this year, the new Arbitration Convention of the Electric Energy Trading Chamber (CCEE), at the 4th Ordinary Public Meeting of the Board of Directors of 2023. The text, which...
New legislation changes the nuclear ore sector
Law 14,514/22, published on December 29, 2022, brought in two relevant changes to the mining sector: the possibility of establishing liens on exploration permits and a new set of rules applicable to research, mining, and marketing and sale of...
Potential and challenges of the biogas sector
The biogas sector has been gaining more space in Brazil in recent years. It is a critical segment in the current global scenario, in which sustainable solutions are sought in the energy transition effort. In this sense, having an adequate legal and...
Impacts of the ANP's change in regulations on RD&I
In a move that has gone largely unnoticed by the general public, the National Petroleum, Natural Gas and Biofuels Agency (ANP) took an important step in February of this year towards consolidating Brazil's leading role in the global energy...
Flexibilization on nuclear projects oportunities
The Federal Constitution assigns to the Federal Government the competence for the exploitation of nuclear services and the state monopoly on the research, mining, enrichment and reprocessing, industrialization and trade of nuclear ores. The...
Stricter penalties and fines in the mining sector
The revised administrative infractions and fines set out by the Mining Code came into effect last August resulting in penalties and fines that could reach R$ 1 billion. Among the various measures adopted after the disasters that occurred in...
On the modernization of the electricity sector and expansion of the Free Energy Market
Bill 414/21, which originated from Senate Bill 232/16, aims to implement a few of the motions to modernize the electricity sector. It results not only from years of work of the Federal Government’s but also from civil contributions towards a more...
ANM regulates the use of mineral rights as collateral for financing transactions
Coming into force on March 2, 2022, the National Mining Agency (ANM) Resolution 90/21 regulates Articles 43 and 44 of the Mining Code Regulation (Regulamento do Código de Mineração), providing the cases in which mining concessions (concessões...
New Foreign Exchange Law represents boost to infrastructure projects in Brazil
Por Rafael Vanzella, Debora Leal, Gabriel Rapoport Furtado and Gabriel Nagle Law No. 14.286/21 (New Foreign Exchange Law), enacted on December 30, 2021, represents a milestone in Brazilian law regarding foreign currency...
The reformulation of the Law of Administrative Improbity
Since its advent in 1992, the Law of Administrative Improbity, Federal Law 8.429, has evolved, either by the interpretation of our courts or by legislative reforms, in the search for a difficult balance: on one hand, to combat the public agent in...
The new model of the 7th round of airport concession: what is the new bidding and why will Santos Dumont be tendered only in 2023?
Fabio Falkenburger and Julia Souza Torres Amidst controversy, the National Civil Aviation Agency (ANAC) published, on February 23, the final adjustments to the draft of the bid notice for the 7th round of airport concessions. The first draft...
New Regulatory Framework for Cabotage, which implements the BR do Mar Project, is passed with the promise of heating up the sector
Law 14,301, of January 7, 2022 (Cabotage Law), passed with vetoes by the President of Brazil, establishes a new regulatory framework for cabotage in Brazil with different innovations and performance alternatives within the shipping sector....
2021 ends with new measures to reduce bureaucracy in the Brazilian aviation industry introduced by Provisional Measure 1,089/21
2021 ended bringing a new package of changes for Brazilian aviation, which is still suffereing the consequences of the significant demand recudtion caused by the pandemic. The changes were implemented through Provisional Measure (MP) 1,089/21,...
Airport infrastructure: Anac proposes new rules for slot distribution
The joint board of the National Civil Aviation Agency (Anac) approved sending for public consultation a draft resolution with new rules on airport coordination and allocation and monitoring of the use of airport infrastructure. The main reason for...
New regulations on shared ownership of aircraft
Fabio Falkenburger, Marina Estrella Barros, Pedro Amim, Vitor Guilherme da Silva Barbosa, Vittoria Psillakis Mickenhagen and Izadora Figueiroa Mastrangelli Amidst the initiatives to regulate the activities of operation and...
Assignment of E&P contracts: possible improvements in ANP Resolution 785/19
After the publication of Law 9.478/97 (Petroleum Law) and with the advance of the granting of exploration and production concession contracts by the National Agency of Petroleum, Natural Gas and Biofuels (ANP), an extremely relevant market for...
Congonhas and Santos Dumont should drive dispute in new round of federal airport concessions even amid uncertainty caused by pandemic
With the progress of vaccination and gradual reopening of borders, the aviation sector is beginning to show signs of recovery. In Brazil, the federal government's plan to grant the operation of federal airports to the private sector is following...
Recent legislative changes seek to make the mining sector more dynamic
The Brazilian mining sector has undergoing several changes in recent years. These are changes that seek to bring more dynamism and legal certainty to the sector, filling old gaps related to mining practice and addressing social and environmental...
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