Newsletter

THE INVESTMENTS PARTNERSHIPS PROGRAM (PPI): PROVISIONAL MEASURE N. 727

On May 12th, Provisional Measure n. 727 (“MP 727”) was enacted in Brazil. Such act created the Investments Partnerships Program – PPI and established principles and guidelines for the Federal Government relating to PPPs, concessions and leasing in several sectors of state activities. The measure in now in process of analysis by the National Congress, having received 239 amendment suggestions for its probable conversion into law. The Provisional Measure’s effective term, considering eventual extension, is of 120 days. In Brazil Infrastructure Institute’s Special Newsletter, you can see a recent report from the electronic journal Consultor Jurídico with opinions from Marçal Justen Filho and Cesar Pereira, president and vice-president of the Institute, as well as articles from André Guskow Cardoso, Alexandre Wagner Nester, Rafael Wallbach Schwind and Cesar Pereira about several aspects of PPI. Report from the electronic Journal Consultor Jurídico – 26 May 2016 edition – about the Provisional Measure n. 727, with participation of Marçal Justen Filho and Cesar Pereira, president and vice-president of Brazil Infrastructure Institute.

 

MP 727 – Investments Partnerships Program (PPI) – art. 21 and the notion of coexistence between public and private enterprises

MP 727 (which created the PPI), established in its final provisions that the benefits from the new regime are extended to private enterprises that concur or coexist with public enterprises. Brazil Infrastructure Institute associate and vice-president, Cesar Pereira, analyses in a brief commentary the notion on coexistence between public and private enterprises as well as what can be inferred from MP 727 as an integrated economic development instrument.

MP 727 – Investments Partnerships Program (PPI) – planning and regulatory impact assessment (AIR)

When creating the Investments Partnerships Program (PPI), Provisional Measure n. 727, from 12 May 2016, established relevant rules concerning state regulatory activities within infrastructure sectors. PM 727 provided specific obligations relating to the imposition of public consults, regulatory impact assessment, coordination between state entities, planning and track of regulatory measures to be adopted within the programs. Such issues were analyzed in an article wrote by Brazil Infrastructure Institute associate André Guskow Cardoso.

MP 727 – Investments Partnerships Program (PPI) – the return of the “Regulatory State”

The creation of the Investments Partnerships Program (PPI) by Provisional Measure n. 727, from 12 May 2016, established Federal Government objectives towards enlarging and strengthening interaction between State and private sector through privatizations and new partnerships. This new perspective constitutes a resumption of the “Regulatory State” model implemented in the 90’s and abandoned in the last government years. See Brazil Infrastructure Institute associate Alexandre Wagner Nester’s reflection on the subject.

MP 727 – Investments Partnerships Program (PPI) in the port sector

The PPI, created by MP n. 727, has impacts on the port sector, which is precisely based on partnerships between the State and the private sector towards investments. For an analysis of the subject, see article wrote by Brazil Infrastructure Institute associate Rafael Wallbach Schwind. Full text of MP n. 727 submitted to the National Congress.

Newsletter

Brazil Infra online

The bilingual Brazil Infra’s website is ready to publish news, articles, research and information of interest to its members. Therefore, we invite you to publish away at brazilinfra.com. Posts are automatically directed to social networking sites Facebook, LinkedIn and Twitter. Suggestions for the improvement of Brazil Infra’s webpage and notes to be published in our newsletter are always welcome! You may send us your notes by email: secretaria@brazilinfra.com  

Supporting events

Go ahead and request our support for events and other activities related to our institutional goals.  

Next events – Join us!

800 Years of Magna Carta - São Paulo

Brazil Infra and the IASP support the international seminar “The 800 Years of Magna Carta” to be held on June 9, in São Paulo. The event is organized by Pinheiro Neto and Justen, Pereira, Oliveira & Talamini legal firms. Brazilian and foreign distinguished experts will speak at the seminar. Check out the program here. For free registrations, please write to magnacarta@pn.com.br  

Save the date: VI Brazil Infrastructure Investments Forum (NYC, November 3, 2015)

The organization for the VI Brazil Infrastructure Investments Forum has begun. The event, which has already become traditional for Brazil Infra and Brazilian American Chamber of Commerce’s programs, is scheduled for next November 3, in New York City. Learn more about the previous editions by checking brazilinfra.com and brazilcham.com. About sponsorship opportunities and registrations, please contact us at secretaria@brazilinfra.com.  

Book Release: Ten Years of PPP Law

The book Public-Private Partnerships: reflections on 10 years of Law 11,079/2004, coordinated by members Marçal Justen Filho and Rafael Wallbach Schwind will be released in May. The book has several articles from Brazil Infra’s members. Check out the release schedule: • Curitiba: May 5, 2015, at 6:00 pm, at OAB/PR (Rua Brasilino Moura, 253, 1st floor, Ahú, Curitiba-PR). • São Paulo: May 11, 2015, at 6:00 pm, at the Auditorium of the Instituto dos Advogados de São Paulo – IASP (Rua Líbero Badaró, 377, 26th floor, Centro, São Paulo-SP). • Rio de Janeiro: May 12, 2015, at 5:30pm, at the Escola da Magistratura do Rio de Janeiro (Rua Dom Manuel, n. 25, Centro, Rio de Janeiro-RJ).  

Latest events

UNCITRAL Topics in Brazil - Vienna

Brazil Infra, CAM-CCBC and UNCITRAL - United Nations Commission on International Trade Law, organized the event UNCITRAL Topics in Brazil, held in Vienna on March 27. Many Brazilian experts  and UNCITRAL members have participated as speakers. Check out the program and presentations at brazilinfra.com. For more information, please visit UNCITRAL’s website and read the official report of the event.  

CISG e o Brasil - Curitiba

The 2015 edition of the CISG e o Brasil was held in Curitiba, last March 4, once more with Brazil Infra’s support. The program featured 2 panels and 10 workshops, in addition to the opening conference by Prof. Ingeborg Schwenzer. The closing was marked by the launch of the book A CISG e o Brasil, published by Marcial Pons together with the Câmara de Arbitragem e Mediação das Indústrias do Estado do Paraná – CAMFIEP. Check out the presentations and articles written by the speakers at www.cisg2015curitiba.com.  

Networks Infrastructure Commission

Attorney Maurício Jayme from Barretto Ferreira Silva e Brancher legal firm is the new Coordinator of the Networks Infrastructure Comission. Please contact us by email at secretaria@brazilinfra.com  in order to participate and to propose activities in the Commission.  

Create a Commission!

We encourage our members to submit proposals to create more Commissions in other areas of interest.  

Contributions – PagSeguro 

Brazil Infra enabled a new form of payment for our monthly contributions. For more information about the system, please visit PagSeguro.

CISG and Brazil Curitiba March 4, 2015

Brazil Infrastructure Institute supports the event CISG and Brazil, organized by CAMFIEP, which will take place in Curitiba on March 4, 2015. Registrations are available at cisg2015curitiba.com   For more information please write to cisg@camfiep.org.br The event joins foreign and national experts, as well as officials from the Judiciary and business leaders. The subject in discussion concerns legislation which affects international businesses with Brazil and has consequences in the transport sector and our economy. Our members are exempt from paying any registration fee. Attendance is limited. A similar event which took place in 2014, and was co-organized by Brazil Infrastructure Institute (www.cisginbrazil2014.com), had 400 attendees and more than 250 registered in a waiting list. Therefore, please register as soon as possible and join us at the event.   Kind regards, Board of Directors   cisg_2015_savethedate_ok-1 Program-1

V Brazil Infrastructure Investments Forum

Check out the speakers’ presentations and the photo gallery of the fifth edition of Brazil Infrastructure Investments Forum held in November 5 at the Harvard Club, New York. Minister João Otávio de Noronha rendered the closing conference – Superior Court of Justice. Fernando Fonseca (ports), Cesar Cunha Campos (airports), Maurício Portugal Ribeiro (PPP) and Marçal Justen Filho (railways) took part in the first panel on infrastructure sectors. The debate was moderated by Alécia Paolucci Bicalho. Frederico Straube, CAM-CCBC’s President, presented the important role of the Chamber on arbitration. There was also an excellent debate over international arbitration, moderated by Cesar A. Guimarães Pereira with speakers Alden Atkins, Hagit Elul, Erika Levin, Joaquim de Paiva Muniz, Dietmar Prager and Maurício Gomm Santos.