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 (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.
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.
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.
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.