Infrastructure and Regulatory

Our professionals advise clients on contractual relationships with government authorities, as well as on issues related to business activities in regulated sectors.

We provide legal advice in the structuring of infrastructure projects, either to governments or to the private sector, acting in the modeling of public service concessions, Public-Private Partnerships (PPPs), permits, authorizations and other appropriate contractual structures.

We provide full legal advice in bidding proceedings and contracts with the Public Administration, as well as in judicial and administrative disputes arising from these relationships.

Our infrastructure team, working jointly with our teams of corporate and finance law, has solid experience in the negotiation of collateral, finance structures, incorporation of consortia, among other arrangements necessary for the feasibility of infrastructure projects.

We advise our clients in regulatory issues, including in relationship with regulatory agencies and activity in regulated sectors. We have experience in advising clients in the areas of energy (ANEEL), telecommunications (ANATEL), oil and natural gas (ANP), transport (ANTT and ANTAQ), civil aviation and airport infrastructure (ANAC and SAC), ports (SEP) and health surveillance (ANVISA). We also advise clients before state regulatory agencies and environmental bodies.

We advise clients in as the most varied sectors, such as:

  • Energy
  • Basic sanitation
  • Roads, railways, waterways and air transportation, as well as coastal navigation
  • Road, railway and waterway transport infrastructure
  • Oil and natural gas
  • Ports
  • Airports
  • Health
  • Telecommunications
Advisory on analysis and review of regulatory frameworks in infrastructure sectors, with direct participation in the reformulation of sectoral standards of private participation. Litigation on regulatory framework review.
  • Advisory for the national representative entity of port areas concessionaires regarding the revision of the regulatory framework regarding granting conditions and operation of port terminals for private use.
  • Advisory for the national representative entity of port areas concessionaires regarding the restructuring of the sector, by issuing of a legal opinion on constitutionally valid alternatives for the adequacy of port leasing contracts under the Ports New Act regime (August/2015).
  • Consultancy to a leading company of telecommunications sector regarding the revision of the regulatory framework of the content service by conditional access (Bill 29/2007, transformed into the Act n. 12.485/2011-New Cable TV Act).
  • Consultancy to the national representative entity of the private agents of railway transport services in the public process of reviewing the regulatory framework of the rail sector for 2011, to amend the investment conditions of private agents in infrastructure and undercarriage.
Advisory and administrative litigation in public procurement projects, especially in the infrastructure-based services sectors (sanitation, telecom, highways, railways, aviation, ports, energy, etc.) in all stages - from private proposition of the project and bidding/auction procedure to contractual execution and sanctions.
  • Legal support on private preparation of technical, economic, and legal feasibility studies of infrastructure public investments. Participation of bids for the concession of port areas in public port, private port terminals, airport concession, highways, sanitation, thermoelectric, power transmission lines and public works. Review and rebalancing in public works contracts, road concession, railway concession, telephony concession and port lease.
  • Advisory in contract rebalancing procedures before the regulatory Agency for Transport Services of the State of São Paulo ("ARTESP"), representing highway concessionaires of an economic group with wide participation in the sector.
  • Advisory and litigation in bidding for a port area of 46,800 m² intended for the operation of bulk solids, with expected investment of USD150 million, representing a consortium  of two of the largest global companies in the agricultural commodities sector before the Company Docks of the State of São Paulo ("CODESP").
  • Advisory in preparing studies in a process of private manifestation of interest ("PMI") for structuring the project of new public lighting for the city of São Paulo, representing a consortium of Engineering, Construction and technology corporations, in 2015, contemplating Proposition for the development of smart city infrastructure and operation.
  • Advisory and administrative litigation before the transport regulatory Agency of the State of São Paulo ("ARTESP") in proceedings for annulment of the additive terms of contractual extension of the concessionaires, representing a corporative group with wide participation in the sector.
  • Advisory and administrative litigation before the National Electricity Agency ("ANEEL"), representing an infrastructure joint venture of two construction companies, aiming the maintenance of the contract award for 16 thermoelectric concessions.
  • Administrative litigation for a Brazilian corporation leader in the construction sector before the National Agency of Civil Aviation ("ANAC") in the bidding process for the concession of Viracopos Airport in Campinas (VCP), within the auction ANAC N. 2/2011.
  • Advisory and administrative litigation before the Company Docks of the state of São Paulo ("CODESP") in bidding procedure for port terminal of vehicle and CKD operation, with 164,961 square meters, in left bank of the Port of Santos, representing an economic group with significant market share in Brazilian port sector.
  • Advisory and administrative litigation representing a Consortium integrated by national and foreign companies in the infrastructure sector in the auction for road concession, promoted by the State of São Paulo agency regulating public transport services ("ARTESP") (Notice of Auction N. 01/2014), awarding a public-private partnership ("PPP") contract of Sponsored concession for Tamoios Highway.
  • Advisory in preparing studies in a process of private manifestation of interest ("PMI") for structuring the project of new public lighting for the city of São Paulo, representing a consortium of Engineering, Construction and technology corporations, in 2015, contemplating Proposition for the development of smart city infrastructure and operation.
  • Advisory and administrative litigation before the Court of Justice of the state of São Paulo, on behalf of an American multinational company, leader in the information technology sector, in the public procurement of equipment for the Court data storage of data.
  • Advisory and administrative litigation for a national entity, representative of Highway concessionaires, for challenging National Agency of Terrestrial Transport ("ANTT") modelling for BR 116-324 Highway concession (Auction notice N. 001/ 2008).
  • Administrative litigation before the national Agency for waterways transport ("ANTAQ") on a claim for physical expansion of lease in public area to a por services company operating within the Port of Santos.
  • Administrative litigation in defense of the highways concessionaires of a group with wide participation in the sector before the National Agency of Terrestrial Transport ("ANTT") and the transportation Agency of the State of São Paulo ("ARTESP").
  • Administrative litigation before the National Agency and Terrestrial Transport ("ANTT"), in defense of in defense of logistics company of the railway sector, regarding its performance within contract of railway concession.
  • Administrative litigation before the Federal Court of Auditors in defense of a medium-sized pharmaceutical company, in a process related to the legality of realignment of drug prices in a contract with the State of Piauí.
  • Litigation before the National Electric Energy Agency ("ANEEL") in defense of two electrical energy transmitting agents for alleged breach of contracts and sectoral regulatory norms.
  • Legal advisory for Brazilian and foreign companies on structuring mining projects, either through the acquisition of companies owning mining rights for research / exploration, or through the direct acquisition of such rights, in relation to ongoing projects or green fields.
  • Advisory to foreign shareholders of Brazilian corporate telecommunication services provider in the processing before Anatel (Brazilian telecommunications agency) of the transfer of control in connection with the sale of all shares representative of the capital of the Brazilian subsidiary.
  • Advisory to foreign shareholders of Brazilian corporate telecommunication services provider in the processing before Anatel (Brazilian telecommunications agency) of the transfer of control in connection with the purchase of all shares representative of the capital of the Brazilian company.
  • Advisory to European operator of toll roads in the acquisition of equity participation in a Brazilian concessionaire of toll roads.
  • Advisory to multinational company in the segment of energy utilities in the privatization and acquisition of shares representative of the control of capital of an energy concessionaire in the City of São Paulo, SP and negotiation with shareholders’' agreement with minority shareholders.
  • Advisory to Brazilian subsidiary of multinational provider of telephony and telecommunications services in the participation in a bid context promoted by Anatel (Brazilian Telecommunications Agency) and in the granting of concessions for the operation of mobile telephony services throughout the entire Brazilian territory.
  • Advisory to group of investors in a bid context promoted by Codesp (Port company owned by the State of São Paulo) for the lease rights to operate a terminal in the port of Santos.