Public Law, Regulatory and Infrastructure

With a great demand for infrastructure services, Brazil represents a strategic market for investors. However, the unique characteristics of its regulations and sectors require efficient contractual structures and specialized guidance for safely evaluating the business opportunities and risks on offer.

Our professionals in the public, regulatory and infrastructure practice provide legal assistance for activities relating to the provision of goods and services to the public administration, as well as investments in some of the economy’s most regulated sectors. We work in a strategic and integrated manner across telecommunications, the distribution, transmission and generation of energy (wind, biomass and solar), ports, transport and infrastructure.

We represent national and international investors, banks and other financial institutions, multilateral financial agencies and engineering design, supply, construction and operations companies. We assist our clients from tender participation procedures and initial investments in the country, through overall project development.

Our experience covers:

• Analyzing the legal and regulatory landscape for the assessment of limitations and risks in the structuring of supplies, investments, mergers and acquisitions (M&A) transactions and project financing involving assets under strong state supervision and including legal due diligence.
• Preparation and negotiation of construction contracts, such as EPC (Engineering, Procurement and Construction) and operations contracts and maintenance of infrastructure assets and equipment supply contracts.
• Preparation and negotiation of infrastructure sharing contracts, consortia and joint-venture contracts and agreements for participation in energy tenders and contracting of infrastructure projects and works.
• Reviewing of specific contracts in the electricity sector, such as purchase and sale of energy in unregulated contracting environments and reviewing of contracts for usage and connection to energy transmission/distribution grids.
• Analysis of regulations from government agencies (ANATEL, ANA, ANP, ANAC, ANTAQ and ANEEL) and specific energy sector agencies (MME, ONS, CCEE), as well as the regulations for products to be imported, exported or commercialized in Brazil (INMETRO, ANVISA, MAPA and ANATEL).
• Representation in a wide array of administrative proceedings before government agencies.