Public law and regulation in Brazil

Mudrovitsch Advogados

Mudrovitsch Advogados has a strong presence in the Brasília public law space, representing a range of political parties, politicians and public officials, as well as associations and companies in administrative improbity cases, proceedings before the Supreme Electoral Court (TSE), corruption allegations, and constitutional litigation. Key sectors of focus include sanitation, construction, transport, and education. The team is led by founding partner Rodrigo Mudrovitsch, a specialist in public law with a focus on constitutional issues. Raphael Marcelino left the firm in June 2022.

Responsables de la pratique:

Rodrigo Mudrovitsch


Les références

‘One of the best Brazilian law firms in this area. The partners have previous experience in public law.’

Piquet, Magaldi e Guedes Advogados

Piquet, Magaldi e Guedes Advogados is recognised for its ability to handle a variety of public law mandates, ranging from public contracts to government and regulatory matters, as well as high-profile litigation. On the contentious front, the group is often retained by major concessionaires and infrastructure players in proceedings before the Federal Court of Accounts (TCU) and administrative improbity cases. Domestic and foreign clients turn to Arthur Lima Guedes for advice on matters before the TCU, while Daniel Bogéa focuses on government and regulatory affairs. Antonio Henrique Medeiros Coutinho excels in litigation and arbitration involving the public sector. Also noted, Gilberto Mendes Calasans Gomes acts mainly in administrative litigation before the TCU, supported by associate Vitória Damasceno.

Responsables de la pratique:

Arthur Lima Guedes; Daniel Bogéa; Gilberto Mendes Calasans Gomes


Principaux clients

SKY Serviços de Banda Larga


Andrade Gutierrez Engenharia


VLI Multimodal


Deltan Martinazzo Dallagnol


Concessionária Rota do Oeste


Concessionária Rio-Teresópolis


BRK Ambiental – Saneatins


Triunfo Logística


Consortium Tratenge-Engeform


FDS Engenharia de Óleo e Gás


Tibagi Energia SPE


Fospar


Ultracargo Logística


ADM do Brasil


Arteris


Construtora Barbosa Mello


Capgemini Latin America and Capgemini Brasil


Consortium Metrosal


Construções e Comércio Camargo Corrêa


ECOVIX Construções Oceânicas


JBS


Interstate Union of Audiovisual Industry – SICAV


Apsis Consultoria Empresarial


CMT Engenharia EIRELI


NM Engenharia


Principaux dossiers


  • Acted for SKY Serviços de Banda Larga in a proceeding before the TCU that contested the conformity of Time Warner’s acquisition by AT&T to Brazil’s Pay-TV law.
  • Represented Concessionária Rio-Teresópolis in several lawsuits related to the economic-financial imbalance of a concession contract.
  • Acted for FDS Engenharia de Óleo e Gás in a procedure of special accounting regarding liabilities and debts related to the interruption of the Premium I oil refinery construction work, especially due to the assumption that the contract in question resulted from fraud in the bid.

Mattos Filho

Mattos Filho fields a specialised public law team in Brasília which is retained by household names in a range of matters, ranging from public procurement to proceedings before the TCU. A popular choice for technology clients seeking assistance with PPPs, public tenders and administrative law issues, the team is also instructed by state-owned companies engaged in divestment processes and contractual matters. Thiago Luís Sombra is highly regarded for his practice focused on public law, anti-corruption and technology, and extensive experience before the superior courts.

Les références

‘The team is well recognised in several areas of law. In addition to bringing together extremely qualified professionals, the firm is at the forefront of several legal theses, keeping its clients always up-to-date with events in each sector of interest. Thiago Luís Sombra is excellent.’

Principaux clients

Google Brasil Internet


Unipar Carbocloro


Vopak Brasil


Banco BTG Pactual


VTCLOG Operadora Logística


IBM Indústria de Máquinas e Serviços


Kyocera Solar do Brasil


Kinetic Pressure Control


Klabin


Pearson Education do Brasil


Tok&Stok – Estok Comércio e Representações


Inpasa Agroindustrial


CNP Assurances


Principaux dossiers


  • Advised Google Brasil Internet on an illegal regulatory rule regarding IT public procurements, and the regulatory framework applicable to public-private communications that take place in public bidding procedures.
  • Represented VTCLOG Operadora Logística before the TCU in sanctioning and inspection processes regarding a public procurement contract signed in 2018 with the Ministry of Health relating to the storage and distribution of health supplies.
  • Assisted Banco BTG Pactual in a possible acquisition of approximately R$8bn in special judicial orders of government debt via credit assignment.

Pinheiro Neto Advogados

Pinheiro Neto Advogados fields a strong offering in concession disputes, administrative improbity cases, and administrative sanctions for clients across the transport, sanitation, healthcare, defence, technology and banking sectors. Dispute resolution also features heavily in the team’s workload, including proceedings before the Supreme Federal Court (STF). Carlos Vilhena is dedicated to mining law and government relations, José Alexandre Buaiz Neto centres his practice on compliance, anti-bribery and antitrust issues, and Daniel Costa Rebello is often called upon in complex private and public corporate investigations. Leonardo Rocha e Silva is highly skilled in negotiations before the Administrative Council for Economic Defense (CADE), and Vicente Coelho Araujo focuses on appellate litigation before the superior courts.

Principaux clients

Hypera


SBM Offshore


Produtos Roche Químicos e Farmacêuticos


Banco Modal


BASF


Eternit and Sama Minerações Associadas


Caixa Econômica Federal


Apple


CCR – Concessionária da Rodovia Presidente Dutra (Novadutra)


Siemens


JP Morgan


Merrill Lynch


Amazon/AWS


Facebook


Principaux dossiers


  • Represented Hypera in negotiations with the CGU and the AGU to enter into a leniency agreement and settle a potential bribery case involving several Brazilian politicians.
  • Advised SBM Offshore on the semi-annual monitoring of compliance commitments undertaken in the scope of a leniency agreement entered into with the AGU, the CGU and Petrobras.
  • Assisted Produtos Roche Químicos e Farmacêuticos in an extraordinary account proceeding launched by the Paraná State Court of Auditors (TCE-PR) regarding an investigation of alleged irregularities in the Ministry of Health’s acquisition of Trastuzumab for use in the Unified Health System.

Advocacia Fernanda Hernandez

The accumulated experience of the team at Advocacia Fernanda Hernandez inspires confidence in clients in the energy, banking, food and beverage, and infrastructure sectors seeking assistance with public law, regulatory and related contentious matters. Tax and administrative improbity litigation are a marked strength. Founding partner Fernanda Guimarães Hernandez heads the team, acting in the most prominent STF matters. She is joined by a capable group of practitioners: Luciana Marques Dos Reis Frattini, who fields expertise in public procurement; Rafaella Alencar Ribeiro, who focuses on tax matters; and Isadora Cronemberger Caixeta, who has a strong track record in proceedings before the superior courts. Rebeca Azevedo da Silva and Beatriz de Oliveira Machado also offer support in public law mandates.

Responsables de la pratique:

Fernanda Guimarães Hernandez


Les références

‘Technical quality is the biggest differential.’

‘Fernanda Hernandez is excellent.’

Principaux clients

Jive Investments Consultoria


Anglo Ferrous Brazil


Líder Táxi Aéreo


Sotave Amazônica Química e Mineral


Advocacia Gandra Martins


Camargo Correa


Jus Capital Gestão de Recursos


Banco BS2


Dias de Souza Advogados


Grupo Solvi Participações


Andrade Maia Advogados


Expressa Distribuidora de Medicamentos


Magnesita Refratários


HC Pneus


Construtora Norberto Odebrecht


Ball Beverage Can South America


Johnson Controls


Principaux dossiers


  • Represented Ball Beverage Can South America in a public civil suit that discussed the regularity of a normative act authorising the contracting of a 70% financing of the value-added tax on sales and services offered by the company.
  • Acted for Expressa Distribuidora de Medicamentos in a case in which the STF decided what kind of law is needed for the state to demand the differential aliquot of ICMS.
  • Assisted HC Pneus in a writ that discusses the legality of an administrative tax procedure which denied the right to homologation tax credits arising from a judicial decision.

Ana Frazão Advogados

Boutique firm Ana Frazão Advogados focuses on business and regulatory law, as well as technology, compliance and competition matters. Best known for its antitrust law capabilities, the firm is particularly well placed to advise on irregularities in public procurement contracts and administrative improbity cases. Former CADE commissioner Ana Frazão, a multidisciplinary expert engaged in administrative and arbitration proceedings, jointly heads up the practice with Angelo Prata de Carvalho, who handles competition, tech, data privacy, regulatory and compliance issues.

Responsables de la pratique:

Ana Frazão; Angelo Prata de Carvalho


Les références

‘The firm has easy interpersonal contact, meeting the demands with seriousness and care. The billing system is uncomplicated and adaptable to client requirements. In the legal area itself, the team produces works of excellence.’

‘Ana Frazão is a lawyer who stands out in the area of public law, especially antitrust. She has extensive expertise in the sector and the studies prepared by her contain not only recent administrative jurisprudence, but also the most current doctrinal discussions.’

Principaux clients

Refinaria de Petróleo de Manguinhos (Refit)


Santander Brasil


Itaú Unibanco


Cielo


Companhia Brasileira de Alumínio (CBA)


The Brazilian Union of Liquefied Gas Distributors (Sindigás)


Gran Petro Distribuidora de Combustíveis


Blau Farmacêutica


Buser Brasil Tecnologia


Corr Plastik Industrial


Marimex Despachos Transportes e Serviços


Associação de Beneficência e Filantropia São Cristóvão


Empresa Brasileira de Infraestrutura Aeroportuária (Infraero)


Costa do Sol Operadora Aeroportuária


Principaux dossiers


  • Advised CBA on the main challenges aluminium manufacturers face in purchasing natural gas in Brazil.
  • Represented Marimex in a judicial proceeding regarding the validity of an antitrust investigation about the legality of the Terminal Handling Charge-2 (THC2).
  • Advised Itaú Unibanco on the legality of the commercial policy held by Rede, a credit card payments acquirer which is controlled by Itaú.

Bento Muniz Advocacia

Bento Muniz Advocacia assists clients in sensitive and high-impact cases before the superior courts, with a focus on infrastructure and regulation. A broad range of both contentious and non-contentious services are on offer, including corporate and tax litigation, administrative and public law. Founding partner Wesley Bento specialises in corporate disputes and public law matters, and has a wealth of experience representing clients before administrative bodies and the superior courts. Tatiana Zuconi, Rebecca Suzanne Robertson and Lucas Rodrigues de Paula stand out at the associate level for their involvement in tax and constitutional law mandates.

Responsables de la pratique:

Wesley Bento


Principaux clients

Petrocity Portos and Petrocity Ferrovias


CTIL Logistics


Construtora Queiroz Galvão (Álya Construtora)


City of Paulo Afonso


Sindaçúcar


People’s Republic of China


The Republic of Turkey


Fedrigoni/Blendpaper


Rodobens Group


Hydroelectric Rio Chopim


Golden Cross Group (Visionmed)


Purificatta Water Purification


Teccon Construction and Paving


National Association of Road Passenger Transport Companies (ANATRIP)


Principaux dossiers


  • Represented Queiroz Galvão in a dispute with the Superintendence of the Port of Rio Grande about a Pontal da Mangueira property, regarding possible non-compliance with the conditions set forth in the Terms of Use Concession of Property.
  • Represented Petrocity Portos against a notice of violation applied by ANTAQ for the failure to obtain an environmental license for a port in the state of Espírito Santo.
  • Acted for Petrocity Ferrovias in a request to the Ministry of Infrastructure to obtain the possibility of indirect operation of a federal railway transport service between the municipalities of Barra de São Francisco and Brasília.

Carneiros Advogados

Carneiros Advogados demonstrates strength in litigation before the superior courts and the National Council of Justice (CNJ) in matters involving the guarantee of fundamental rights. With a focus on voting and election law, the team acts for a mix of corporate clients and individuals in contentious matters involving public projects, bidding processes, energy auctions, and direct actions for declarations of unconstitutionality. Leadership is split between four partners: founding partner Rafael De Alencar Araripe Carneiro, who focuses on electoral and administrative law; public law veteran Napoleão Maia; Gilvandro Vasconcelos Coelho de Araújo; and constitutional law specialist Felipe Santos Correa.

Responsables de la pratique:

Rafael de Alencar Araripe Carneiro; Gilvandro Vasconcelos Coelho de Araújo; Napoleão Maia; Felipe Santos Correa


Principaux clients

Engie


BTG Pactual


Casa dos Ventos


Grupo Sonda/CTIS Tecnologia


Inframerica


Banco do Estado do Rio Grande do Sul – Banrisul


Banco Santander


Base Mobile


Termelétrica Viana


PSB


Principaux dossiers


  • Represented Gralha Azul, the holder of the concession of a public power project in the state of Paraná, in a public civil action concerning the environmental license of the project.
  • Acted for Partido Socialista Brasileiro (PSB) in a constitutional action before the Supreme Court against a decision of the Superior Court of Justice which removed the Governor of the State of Alagoas from office during the election period.
  • Represented Saúde Suplementar in seeking nullification of a disqualification in the bidding process for the administration of a health plan in the state of Santa Catarina, and the suspension of a subsequent bidding round.

Figueiredo & Velloso Advogados

Figueiredo & Velloso Advogados is adept in contentious matters involving concessions, public tenders, and administrative proceedings before the TCU. The team is regularly retained by clients in the energy, construction, aviation, and technology sectors for assistance in complex litigation, arbitration and regulatory matters. The group is led by a capable trio: constitutional law expert Luciano Barros; Daniel Mesquita, who focuses on public law, agribusiness, and corporate mandates; and criminal procedure law practitioner Pedro Ivo Velloso.

Responsables de la pratique:

Luciano Barros; Daniel Mesquita; Pedro Ivo Velloso


Les références

‘Firm that provides excellent service. We were very impressed and satisfied.’

Principaux clients

Álya Construtora


José Galeno Diógenes Torquato


Wtorre


We Trust in Sustainable Participacoes – WTS


Parque Raposo Empreendimentos Imobiliários


Manaus Transmissora de Energia


Grupo Baguiri


Principaux dossiers


  • Assisted Álya Construtora, which sought to reverse a disqualification in a bidding procedure concerning the project for the integration of the São Francisco river with hydrographic basins in the Northeast.
  • Represented Parque Raposo Empreendimentos Imobiliários in a public civil action by the Public Prosecutor’s Office in São Paulo related to the construction of the Reserva Raposo project.
  • Assisted BP Venture Capital with a process of inquiry regarding alleged indications of irregularities in the prospecting and management of FUNCEF’s financial resources in FIP Brasil Multistrategic Corporate Governance.

Sergio Bermudes Advogados

Sergio Bermudes Advogados‘s public law offering in Brasília is divided into the sub-areas of constitutional, administrative, electoral, and tax law. Showcasing particular strength in the power, insurance and healthcare sectors, the firm is well versed in direct actions of unconstitutionality and cases against the union, state governments, regulatory and administrative bodies. Bringing together expertise in public law and litigation involving regulated industries, André Silveira and Guilherme Coelho jointly oversee the team, where Flávio Jardim and Guiomar Feitosa Lima Mendes are recommended for contentious matters before the superior courts. Jessica Baqui and Mateus Rocha Tomaz specialise in civil procedural and constitutional law.

Responsables de la pratique:

André Silveira; Guilherme Coelho


Principaux clients

Vale


Libra/Megara


Global


Brasil Biofuels


Laboratório Fluery


Bradesco AUTO/RE


Claro/Zenvia


CCEE


Berkley


White Martins


Ipiranga


Medise Medicina Diagnóstico e Serviços


BRK Ambiental


CELG


ANEAA


ABRADEE


Eletropaulo Metropolitana


Principaux dossiers


  • Represented ABRADEE in a declaratory action brought by Santo Antonio Energia against ANEEL.
  • Represents ANEAA in a lawsuit filed against ANAC (National Agency of Civil Aviation), seeking to suspend 2 articles of Resolution 372/15.
  • Acted for White Martins in  public law matters involving the oxygen supply to hospitals in the state of Amazonas during the Covid-19 crisis.

Veirano Advogados

Veirano Advogados' Brasília office boasts notable regulatory expertise, representing both domestic and foreign clients in public law-related dispute prevention and resolution. Regulated sectors such as energy, infrastructure and natural resources provide the bulk of the team’s work. Practice head Marcelo Reinecken is often engaged by telecoms, manufacturing and mining clients in proceedings before the superior courts. The addition of Elinor Cotait from Mundie e Advogados in January 2023 as the national public law and regulation lead reinforced the firm’s capabilities in regulated sectors.

Responsables de la pratique:

Marcelo Reinecken; Elinor Cotait


Principaux clients

Autotrac Comércio e Telecomunicações


Philip Morris


SAMA Minerações Associadas (em recuperação judicial)


SENCINET Brasil Serviços de Telecomunicações


ANEAA (National Association of Airport Administrators)


Harsco Metals


Paranapanema


APROBIO – Associação Dos Produtores De Biocombustíveis Do Brasil


CropLife Brasil


Associação Brasileira de Defensivos Pós-Patente (AENDA)


IDB Intermediação e Agenciamento de Serviços em Sites (InDrive)


International Bank for Reconstruction and Development (World Bank)


Principaux dossiers


  • Represented the World Bank in a civil action filed by the state of Piauí before the Supreme Court demanding the immediate application of a compensation mechanism for losses of tax revenue by the states following a decision by the federal government to reduce taxes on fuel due to the Ukraine War.
  • Acted for ABRAFIX and ACEL in bringing a direct constitutional challenge before the Supreme Court, seeking the declaration of unconstitutionality of a statute of the state of Rio de Janeiro.
  • Acted for CropfLife Brasil, SINDIVEG and AENDA in filing an amicus brief in a constitutional complaint filed before the Supreme Court by the Workers’ Party and the Socialism and Freedom Party.