Full Description
This book offers the international reader a comprehensive view of Brazilian infrastructure law from the standpoint of key local practitioners. It is divided into two sections. The first part features a collection of essays on the most significant infrastructure topics. It is followed by bilingual versions of the main statutes and regulations examined in the various essays found in Part 1. A glossary of essential infrastructure terminology is also included. The topics discussed in this book range from an overview of the Brazilian constitutional structure to in-depth analyses of regulated sectors, public procurement, and dispute resolution. The various essays contained herein cover the fundamental legal issues an international player must keep in mind when working in the Brazilian infrastructure market. This work utilizes a comparative approach, and is intended to correlate Brazilian legal specificities with their counterparts in internationally recognized models.
Contents
Preface and Acknowledgments; Part I Essays 1 An Overview of Brazilian Law; 2 Control of the Independent Regulatory Agencies; 3 Administrative Procedure and the Independent Regulatory Agencies; 4 Rule-Making Power of Independent Regulatory Agencies in Brazil; 5 Brazilian Antitrust Law; 6 Competition Law Enforcement in Regulated Sectors; 7 An Overview of the Regulation in the Electricity Sector in Brazil; 8 Telecommunications Law of Brazil; 9 Infrastructure and Logistics in the Brazilian Transportation System; 10 Oil and Gas Regulation in Brazil; 11 Mining in Brazil: Regulatory Scenario and Opportunities for Investment; 12 Waste Management Regulation in Brazil; 13 Basic Sanitation Services in Brazil; 14 Environmental Licensing in Brazil; 15 Public Procurement in Brazil: General Rules; 16 Reverse Auction as a Method of Public Procurement; 17 Public Procurement Financed by International Agencies and Multilateral Funds in Brazil; 18 The System of Protests and Appeals in Brazilian Public Biddings Law; 19 Differential Public Procurement Regime (RDC): Main Characteristics; 20 Brazil's Anti-Corruption Laws, the FCPA and the UK Bribery Act: A Comparative View; 21 Government Contracts in Brazilian Law; 22 Concessions of Public Services and Public-Private Partnerships (PPP) in Brazil; 23 Public-Private Partnerships (PPP) in Brazil; 24 Brazilian Corporate Taxation; 25 Construction Contracts in Brazilian Law and the Standard International Model Contracts; 26 Brazil in the Context of International Arbitration; 27 Arbitration in Brazil; 28 Recognition of Foreign Judgments and Awards in Brazil; Part II Bilingual Versions of Relevant Statutes Brazilian Federal Constitution - Excerpts; Law n. 8.666/1993 (Biddings and government contracts); Law n. 12.462/2011 (Creates the Differential Public Procurement Regime - RDC) - Excerpts; Decree n. 7.546 (Regulates the changes to Law n. 8.666 made by Law n. 12.349 - "Buy National"); Law n. 10.520/2002 (Reverse auction); Law n. 8.987/1995 (Concessions of Public Services); Law n. 9.074/1995 (Concessions of Public Services) - Excerpts; Law n. 11.079/2004 (Public-Private Partnerships - PPP) - Excerpts; Civil Code of 2002 - Excerpts; Law n. 12.846 of August 1, 2013; Decree n. 8.420 of March 18, 2015; Law n. 8.429, of June 2, 1992 (Administrative Improbity Law); Law n. 9.307/1996 (Arbitration); Amendment n. 18/2014 (Recognition of Foreign Judgments); Code of Civil Procedure of 1973 - Excerpts.