Infrastructure and Regulatory.

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Oil e Gas

We advise players in the oil, gas, and petrochemical industries around the world to achieve efficient results when facing the sector’s regulatory and legal challenges.

The Oil & Gas sector is one of the Infrastructure and Regulatory Department’s main areas. We have a significant track record in oil and natural gas exploration projects, especially in the upstream and midstream areas.

In-depth knowledge of the sector

Our Oil & Gas team has extensive knowledge of the oil industry, its main stakeholders, and the difficulties faced by clients in this sector. We are involved in extremely complex transactions, guaranteeing the legal aid required for the largest, most advanced, and complex oil, gas, LNG, and petrochemical transactions around the world.

Our services

The firm’s work includes full legal assistance in the main segments of the oil sector, such as exploration, development, extraction, refining, distribution, marketing, import, and export of oil (brent, light, paranific, aromatic, and cycloparaffinic), gas, LNG, and its by-products, including lubricants.

Consulting Services and Projects

• Assistance in all phases of bidding processes and auctions for the award of contracts for oil and natural gas exploration, including the analysis of and objection to public notices, requests for clarifications, legal qualification, development of proposals, and drafting of administrative appeals;
• Drafting, reviewing, and negotiating oil-specific contracts, such as Joint Operating Agreements (JOA), Exploration and Production Contracts (E&P), Joint Development of Common Reservoirs, International Unitization Agreements, Farm-Out, Off-Take, Onshore and Offshore Drilling Contracts, International Unitization in offshore areas, supply of equipment, and construction contracts in line with international standards (FIDIC, NEC3, and NEC4).;
• Legal assistance in project finance transactions, debt structuring (FIDC, debentures, BNDES, FDNE/FDA/FCO, FAT, FINISA, and NP) for projects to build platforms, refineries, power generators, pipelines, lubricant plants, and other complex projects;
• Monitoring of the performance of concession contracts, providing advice on economic and financial rebalancing issues, tariff review procedures, sanctions, extensions, and contractual amendments;
• Legal advice on legislation and regulatory issues relating to the Oil & Gas industry.

Energy

With vast experience in advising national and foreign players that operate in the electrical sector, our law firm works on M&A, project finance, regulatory matters, and dispute resolution involving specific issues of the electrical sector.

Our law firm has extensive experience in the electrical sector, relying on specialized professionals. Recently, we have been engaging in various projects in this industry, with an emphasis on hydroelectric, solar, thermoelectric, and wind power generation.

In-depth knowledge of the sector

As a result of this hands-on experience, and also because of the technical rigor of the lawyers in this sector, our Energy team can come up with innovative solutions that are in line with the dynamic nature of this sector. Our law firm is recognized for developing the best solutions to meet the clients’ interests, in addition to having a technical knowledge of the sector’s specific regulatory standards, allowing the lawyers to work on administrative proceedings, both involving sanctions and economic and financial rebalancing of contracts, and judicial proceedings.

Our services

The firm’s work includes full legal assistance in the main segments of the electricity sector, such as energy generation, transmission, distribution, and commercialization, focusing on the legal structure of projects for the generation, transmission, and distribution segments. All the work is done aiming to achieve the best result for the client, overcoming the legal and regulatory barriers of the Brazilian scenario.

Consulting Services and Projects

• Assistance in all phases of bidding processes and auctions for the award of contracts for the exploitation of energy potential, including the analysis of and objection to public notices, requests for clarifications, legal qualification, development of proposals, and drafting of administrative appeals;
• Drafting, reviewing, and negotiating energy sector-specific contracts, such as CCEAR, CCEAL, CUST, CUSD, CCT, CCD, Distributed Generation Contracts (GD), Adjustment Contracts, PROINFA Contracts, equipment supply, and construction contracts in line with international standards (FIDIC, NEC3 and NEC4);
• Monitoring the performance of concession contracts, advising on economic and financial rebalancing matters, tariff review procedures, sanctions, extensions and contractual amendments;
• Legal adviceon the legislation and the regulatory regime of the electricity sector.

Ports

Thanks to its vast experience, the firm’s Port Sector team is able to provide its clients with the best results in port operation matters, from pre-contractual legal advice to litigation.

The firm’s Infrastructure and Regulatory Department also stands out in the Ports sector. We have a qualified team specializing in projects in the port sector, which allows us to build strategic solutions for the various challenges of this complex sector of national infrastructure.

In-depth knowledge of the sector

As the Ports sector was profoundly restructured by Law 12,815/2013 – which updated Law 8,630/1993, known as the Ports Law – and by Decree 8,033/2013 (“Ports Decree”), our firm has a multidisciplinary team with unequivocal knowledge of the subject, combining academic and practical experience in the Ports Sector.

Our services

​Performance within the port practice encompasses issues linked to the structuring and management of operations, in addition to complex contracts in the sector.

Consulting Services and Projects

• Assistance in all phases of bidding processes and auctions for the award of contracts and leases for the exploitation of activities related to port operations, including the analysis of and objection to public notices, requests for clarification, legal qualification, development of proposals, and drafting of administrative appeals;
• Legal assistance in administrative procedures for the extension (early or ordinary) of port concession and lease contracts, drafting Legal Opinions, participating in negotiation meetings, and drafting of requests and statements to ensure the lawfulness of the procedure.
• Legal assistance in administrative procedures for Adjustments and Review of Port Lease Agreements (concession and port lease), performing all the acts necessary for the client to be fairly compensated for the services rendered;
• Drafting, reviewing, and negotiating Port sector-specific contracts, such as Port Lease Contracts, Port Authorization Contracts, Contracts for the Storage and Handling of Goods and Products;
• Legal assistance in project finance operations, debt structuring (FIDC, debentures, BNDES, FDNE/FDA/FCO, FAT, and FINISA, NP, and Fundação da Marinha Mercante – FMM) in the port sector;
• Monitoring of the performance of port concession and lease contracts, providing consulting services on economic and financial rebalancing issues, tariff review procedures, sanctions, extensions, and contractual amendments, as well as in dealings with the Port Labor Management Body (OGMO);
• Legal advice on legislation and regulatory issues relating to the development of the Ports Sector.

Dispute Resolution

• Performance in national and international arbitrations, on dispute boards and in mediations involving disputes relating to the Port sector.
• Performance in judicial and administrative proceedings, also related to regulatory issues in the sector (ANTAQ, ANP and Ministry of Infrastructure), involving the Union and other public bodies, such as the Directorate of Ports and Coasts, Secretariat of Ports and Port Authority and OGMO.

Airports

Our firm has the necessary expertise to provide legal assistance to strategic players in all phases of airport concessions, anticipating risks, mitigating them, and seeking to achieve the client’s desired results.

The Airports Sector presents attractive opportunities for investors, largely due to the privatization movement that has taken place in Brazil over the last few years. This outlook should be maintained in the coming years.

Our services

The firm’s work includes full legal assistance in all phases – pre-contractual/bidding and contractual – involving the airports sector, in matters related to qualification in the concession rounds, legal assessment of the risks outlined in the Concession Notice, as well as during the performance of the contract, submitting requests for the economic and financial rebalancing of contracts and presenting defenses in administrative sanctioning procedures.

Consulting Services and Projects

• Assistance in all phases of bidding processes and auctions for the award of contracts for the operation of airport terminals, including the analysis of and objection to public notices, requests for clarifications, legal qualification, development of proposals, and drafting of administrative appeals;
• Drafting, reviewing, and negotiating airport-specific contracts, such as concession contracts, monitoring of the Airport Operating Plan (PEA), and non-tariff revenue contracts, involving ground handling (aircraft, passengers, cargo, and luggage), catering, cleaning, maintenance, and refueling of aircrafts, among others;
• Legal assistance in project finance operations, debt structuring (FIDC, debentures, BNDES, FDNE/FDA/FCO, FAT, FINISA, and NP) for projects to build, expand, and maintain airport facilities and other complex projects;
• Monitoring the performance of concession contracts, assisting in economic and financial rebalancing matters, tariff review procedures, sanctions, extensions, and contractual amendments;
• Legal advice on the legislation and regulatory regime of the Brazilian airport sector.

Dispute Resolution

• National and international arbitrations, dispute boards, and mediations involving disputes in the airport sector;
• Judicial and administrative proceedings related to issues in the sector and involving Aviation Authorities (ANAC and Infraero), the Federal Government, and other public bodies.

Highways and Railways

The Highways & Railways team has the necessary expertise to deliver the desired results to the clients, ensuring the safety and economic viability of projects in this sector.

The highways and railways sector in Brazil has been expanding over the last few years, with new rounds of Federal and State highway bids being held constantly. The lawyers in the Infrastructure team have the necessary technique and expertise to deal with complex issues involving the Highways and Railways sector, whether in the consulting or litigation phase.

Our services

The firm’s work includes full legal assistance in the main segments of the Highways and Railways sector, such as the legal organization of Special Purpose Entities (SPE), claims involving control bodies (Accounting Courts and the Public Prosecutor’s Office), as well as assistance in the performance of contracts, with administrative, arbitration, and judicial requests for economic and financial rebalancing of contracts.

Consulting Services and Projects

• Assistance in all of the phases of bidding processes and auctions for the award of highways and railways contracts , including the analysis of and objection to public notices, requests for clarification, legal qualification, development of proposals, and drafting of administrative appeals;
• Drafting, reviewing, and negotiating highway and railway sector-specific contracts, such as the provision of services, supply of equipment, and construction contracts in line with international standards (FIDIC, NEC3, and NEC4);
• Legal advice on project finance transactions, debt structuring (FIDC, debentures, BNDES, FDNE/FDA/FCO, FAT and FINISA, and NP) for highway and railway maintenance, conservation, operation, and exploitation projects;
• Monitoring of the performance of concession contracts, providing advice on economic and financial rebalancing matters, tariff review procedures, sanctions, extensions, and contractual amendments;
• Legal advice on the legislation and the regulatory regime of highways and railways.

Dispute Resolution

• National and international arbitrations, dispute boards, and mediations involving disputes in the highways and railroads sector.
• Judicial and administrative proceedings related to issues in the sector and involving the National Land Transportation Agency (ANTT), State Highway Departments, the Federal Government, and other public bodies.

Mining

The firm’s Infrastructure and Regulatory Department is renowned for combining legal knowledge and practical insight to assist its clients in the development of activities related to the mining sector.

Our Mining team has technical expertise in the main segments of the sector, encompassing advisory work to assist with preliminary mining studies, as well as advice on the legal structure for the regularization of processing plants, extraction, mineral trade, and national and international contracts.

Our services

The firm’s work includes comprehensive legal advice in the main segments of the Mining sector (exploration and production), comprising issues related to concession, authorization, licensing and permission for mineral research/production, marketing, import and export of minerals.

Consulting and Projects

• Assistance in all phases of bidding processes for the granting mining concessions, including the analysis of and objection to public notices, requests for clarification, legal qualification, development of proposals, and drafting of administrative appeals;
• Drafting and analyzing the mining sector’s usual contracts, including Mineral Research Authorization, Mining Authorization, Assignment Contract, Mineral Lease Contract, Mining Easement Commitment, Joint Mining Contract, Mining Right Purchase Option Contract, as well as corporate transactions involving the sector, such as the formation of joint ventures and legal due diligences, among others;
• Legal advice on project finance operations, debt structuring (FIDC, debentures, BNDES, FDNE/FDA/FCO, FAT, FINISA, and NP for projects to develop mining processing plants, steel mills, and other complex mining projects.
• Monitoring the performance of concession contracts, providing advice on issues such as sanctions, extensions, and contract amendments, under the terms of the Mining Code;
• Legal advice on the legislation and regulatory regime of the mining sector.

Telecommunications, Media and Technology (TMT)

The firm perfectly combines technical knowledge and industry experience for Telecommunications, Media, and Technology (TMT) transactions. We take the time to understand our clients’ strategic objectives, offering useful, relevant, and practical advice.

With the development of new technologies that complement existing platforms day after day, forward-thinking players require dynamic legal and regulatory advice to take advantage of strategic market opportunities. The firm’s TMT team offer comprehensive advice to clients working in this area.

In-depth knowledge of the sector

Our TMT team has extensive experience and knowledge in advising clients in the sector. We offer a wide range of resources and services, representing clients in a myriad of transactions, litigation, and regulatory matters relating to the sector, including e-commerce, television and broadcasting, multichannel video programming, and wired, wireless and satellite communication services.

The firm’s practice includes full legal advice in the main TMT segments, acting intensively especially regarding the connections with the Public Authorities, as well as in legal disputes related to the issue.

Consulting and Project

• Assistance in all phases of bidding processes for band services and rights to use radio frequencies (Personal Mobile Service, Multimedia Communication Service, Private Limited Service etc.), as well as for the supply of goods and services involving radio communications, including the analysis of and objection to public notices, requests for clarification, legal qualification, development of proposals, and drafting of administrative appeals;
• Advice provided in all phases of tendering processes for telecommunications services, as well as contract awards and termination processes for the provision of telecommunications services under the public and private systems;
• Drafting, reviewing, and negotiating Telecommunications-specific contracts, such as Infrastructure Sharing Contracts, Interconnection Contracts, among others;
• Legal advice on project finance operations for projects to build telecommunications stations, transmission lines and other complex projects, as well as on the acquisition of towers, antennas, and other equipment;

Public Sanitation

Our team is prepared to deal with complex issues involving the Sanitation sector, combining theoretical knowledge and practical experience in this crucial sector of the national infrastructure.

The firm’s experience in infrastructure projects allows our team to provide a complete and accurate analysis of the possible legal structures and strategic actions for the development and participation of companies in basic sanitation projects. Our multidisciplinary team works to protect the interests of investors, construction companies, service providers, and public service concessionaires, meeting all the legal needs of projects in the sector.

Our team works in the various aspects of the segment, i.e., water supply and sewage, solid waste collection and disposal, urban drainage, rainwater management, among others, both upstream and downstream.

We provide full legal assistance in the main segments of the sanitation sector, such as consultations and legal opinions on legislation, contracts, and cooperation agreements, environmental law implications, project finance, among others.

Consulting services and Projects

• Assistance in project design, analysis of Cooperation Agreements and Program Contracts, contracts for the construction, management and operation of water and sewage treatment plants, financing operations, and corporate structuring of Special Purpose Companies to operate in the sector.
• Analysis of bidding processes notices, including objections, requests for clarification, legal qualification, development of proposals, and drafting of administrative appeals;
• Analysis of the Risk Matrix in Concessions and Public-Private Partnerships, as well as involving the execution of the contract in the light of any Cooperation Agreements and Program Contracts in force in the location;
• Monitoring the performance of concession contracts, assisting in economic and financial rebalancing matters, tariff review procedures, sanctions, extensions, and contractual amendments;
• Legal advice on the legislation and regulatory regime of the Basic Sanitation sector in general, as well as on Federal, State, and Municipal Sanitation Plans.

Aviation

The firm assists clients in aviation projects, acting strategically in both advisory and litigation areas, combining technique and agility to provide its clients with the results they need in a timely manner.

The aviation sector has been developing exponentially over the last few years. Therefore, our firm has a multidisciplinary team capable of resolving commercial, corporate, regulatory, and sanctioning issues, combining technical expertise and the proactivity of its lawyers.

 Our services

The firm offers legal advice on all aspects of the sector, such as the legal structuring of companies entering the market, advice on the stages to obtain a permission to operate, drafting and reviewing commercial contract, and resolving disputes in court and arbitration involving aviation issues.

Consulting Services and Projects

• Assistance in all phases of the processes for obtaining and renewing the right to operate in the Brazilian territory, including advice on the phases of Aircraft Registration, Award of Contracts, and Renewal;
• Drafting, reviewing and negotiating aviation-specific contracts, such as Dry Lease, Wet Lease, Codeshare Agreements, manufacture, purchase and sale of aircraft and aeronautical instruments, leasing, charter, sharing, hangarage, joint venture, and interline contracts;
• Legal advice on project finance transactions, debt structuring (FIDC, debentures, BNDES), as well as insurance and guarantee transactions in Brazil and abroad;
• Legal advice on due diligence procedures aimed at obtaining the valuation of a player in the sector and assessing inherent risks of the activity;
• Legal advice on the aviation sector’s legislation and regulatory regime.

Passenger Transportation

The firm provides dynamic, technical, agile, and full legal assistance to meet the regulatory and legal demands of this sector, both nationally and internationally.

The transportation sector is one of the areas of expertise of the firm’s Infrastructure and Regulation Department. With extensive experience in this regulated market, the firm has a multidisciplinary team capable of resolving all types of claims.

In-depth knowledge of the sector

Focusing on structuring, developing, and operating projects, our firm has assisted several clients. Through individualized and strategic actions for each specific case, we ensure the necessary legal assistance in all the sector’s demands, including public passenger transportation, land transportion (of people and cargo), and logistics. The firm’s work includes full legal advice in the main segments of the transportation sector, from advising on the contracting phase with the Public Administration, through project finance structuring, to the protection of clients’ interests in administrative, judicial, and arbitration claims before and/or against Public Authorities.

Our services

The office’s activities include complete legal advice in the main segments of the transport sector, from assistance in the contracting phase with the Public Administration, structuring of project finance and up to the defending the interests of clients in administrative, judicial and arbitration claims before and/or against the Public Authorities.

Consulting and Projects

• Assistance in all phases of bidding processes in the national and international transportation sector, including the drafting of legal opinions, analysis of and objection to public notices, requests for clarification, legal qualification, development of proposals, and drafting of administrative appeals;
• Drafting, reviewing and negotiating transportation-specific contracts, both national and international, involving public transportation contracts – including legal advice on tariff calculations (GEIPOT and ANTP spreadsheets) – as well as administrative contracts involving road monitoring and inspection, electronic ticketing and signaling (vertical and horizontal signs and traffic lights).
• Legal advice on project finance and debt structuring operations (FIDC, debentures, BNDES, FDNE/FDA/FCO, FAT, FINISA, and NP) for projects related to the transportation sector;
• Advice throughout the performance of concession contracts, including sophisticated and complex economic and financial rebalancing issues, tariff review procedures, sanctions, extensions, and contractual amendments, with meetings and follow-up with the parties;
• Legal advice on the legislation and regulatory regime of the transportation sector, involving consultation with the competent federal and state bodies, such as ANTT, DNIT (Federal Department of Transport Infrastructure), DENATRAN (Federal Department of Traffic), DETRAN (State Department of Traffic), among others.

Construction and Engineering

Our Infrastructure team has extensive experience in the construction and engineering sector, in all stages of projects, from the planning and legal design of contracts, as well as in representing its clients’ interests in dispute boards and judicial and arbitration proceedings.

The firm’s work includes both legal advice in the qualification for bidding and Request for Proposals (RFP) for design and construction services (by Public Authorities, developers, investors, and financiers), and representation of suppliers of services and goods (contractors, consultants, or service providers).

Consulting services and Projects

• Advice in all phases of public and private bidding processes for the execution of activities related to Civil Construction and Complex Works, including the analysis of and objection to public notices, requests for clarification, legal qualification, development of proposals and drafting of administrative appeals;
• Drafting, reviewing, and analyzing contracts in the form of Global Price Contracts, Cost-Price Contracts, Guaranteed Maximum Price Contracts (GMP), and Unit Price Contracts;
• Drafting, reviewing, and negotiating construction-specific contracts, such as EPC (Engineering, Procurement, and Construction), EPCM (Engineering, Procurement, Construction, and Management), DBB (Design-Bid- Build), D/B (Design-Build), PCM (Agency Construction Management), CMR (Construction Management at Risk), DBO (Design-Build-Operate), BOT (Build-Operate-Transfer), and Alliance Contracts;
• Drawing up contracts in accordance with the main international standards, such as FIDIC Rainbow Suite, NEC3, NEC4, ENNA, ICE, DBIA525, ASCE (American Society of Civil Engineers), AIA A191, AGC400, FAC-1, and others;
• Legal adviceonproject finance modeling and debt structuring (FIDC, debentures, BNDES, FDNE/FDA/FCO, FAT, FINISA, and NP) in heavy construction projects;
• Legal advice on legislation and regulatory issues relating to the development of engineering projects.

Dispute Resolution

• National and international arbitrations, dispute boards, and mediations involving disputes in the Construction and Engineering sector.
• Judicial and administrative proceedings related to issues involving public bodies and also between private players.

Public Procurement

We offer highly specialized and dedicated legal advice to meet the needs of clients that wish to contract with the Public Administration, always seeking to achieve success through efficient and practical results.

The combination of expertise and experience is a fundamental pillar of the firm’s Public Procurement team. We effectively meet clients’ needs by offering advice on negotiations with public agents, entities, and bodies of the Public Administration, and resolving disputes through Courts or Arbitration.

In-depth knowledge of the sector

Our Public Procurement team is intensely dedicated to Public Law and especially Administrative Law. We have extensive experience in biddings (in all modalities) and administrative contracts, both nationally and internationally, as well as in Expressions of Interest (EOI), Concessions, and Public-Private Partnerships (PPPs).

We work on extremely complex transactions, ensuring the legal and necessary assistance in all stages of contracts signed between private individuals and the Public Administration.

Consulting services and Projects

• Drawing up and proposing appropriate legal models for projects presented, especially in the context of Expression of Interest (EOI), starting with the interaction with technical and financial teams to discuss and establish the project’s premises, then presenting the regulatory context, the regulatory scenario, the risk matrix, and drawing up the necessary legal drafts;
• Providing advice in all phases of national and international bidding processes, in particular analyzing and objecting to public notices, drafting opinions, requests for clarification, legal qualification, structuring proposals and drafting administrative appeals;
• Legal advice on no-bid and sole-source contracts, including drafting legal opinions;
• Legal advice on negotiating offset, compensation and commercial, industrial or technological consideration contracts;
• Monitoring the performance of contracts with the Public Administration, advising on economic and financial rebalancing issues, tariff review procedures, sanctions, extensions, and contractual amendments;
• Legal advice on obtaining permits, authorizations, and other administrative licenses;
• Legal advice on the legislation and regulatory regime of the Public Procurement sector.