Electricity (and renewable energy) in Brazil

BMA - Barbosa, Müssnich, Aragão is seen with great regularity acting for electricity sector clients before regulatory authorities in connection with bids, concessions, environmental licensing, renegotiations of regulated contracts, and disputes. The practice also boasts strong capabilities in the fields of M&A transactions, greenfield projects, court-supervised reorganisations and tax law. The energy group is jointly led by infrastructure and regulatory specialist Ana Cândida de Mello Carvalho and Carlos Frederico Lucchetti Bingemer, the latter of whom focuses on M&A, including deals involving power and renewable energy assets.

Campos Mello Advogados in cooperation with DLA Piper not only has the ability to assist clients throughout all steps of project development related to non-renewable and renewable energy sources, but is also well versed in M&A transactions involving power assets. Recently, the practice has been particularly active advising on investments in net metering projects and portfolios, self-production projects, and in the negotiation of PPAs and connection agreements. Department head Fabiano Gallo is proficient in renewable energy and transactional matters. He receives key support from a team of associates, which includes Flavia Cerutti, whose experience encompasses project development, electricity regulations and operation agreements.

Cescon Barrieu offers support to major Brazilian and international companies and banks on the full spectrum of electricity matters. Clients not only seek advice on regulatory issues, M&A transactions and project finance, but also engage the team in relation to public infrastructure projects and procurement. Other areas of focus include self-generation and distributed generation projects, as well as the development of transmission assets. Maurício Teixeira dos Santos oversees the nationwide infrastructure and projects department, while Roberto Mario Amaral Lima Neto leads on project financing and regulatory matters pertaining to the power industry. Lenders, concessionaires, power trading players and sponsors regularly turn to Alexandre Leal Ribeiro Leite (who was promoted to partner in November 2021) for assistance with M&A, financing and regulatory issues.

The energy team at Demarest Advogados focuses on litigation and regulatory matters, providing assistance to an array of clients within the power sector. The group is knowledgeable in all key industry-related issues, and is predominantly retained by large consumers, power trading and generation clients. Contentious specialist Rafael Gagliardi is experienced in high-profile cases involving major players in the electricity market; he stands out for his track record in regulatory disputes, court litigation and arbitration in the segment. Raphael Gomes and Bruno Crispim left the firm (as of December 2020), which in turn hired (energy and natural resources) regulatory and contractual specialist, Rosi Costa Barros, as practice head, from Neiva Barros & Figueiró, Sociedade de Advogados in May 2021; she is particularly focused on the electricity segment.

Offering transactional and regulatory advice, the team at Dias Carneiro Advogados has notable strength in the negotiation of project contracts, M&A and financing deals. Several active players in the renewable energy market, particularly those involved in wind and solar generation, frequently seek the team's advice in relation to regulations, investments, project finance and development. Ricardo Sanches receives instructions from domestic and foreign energy companies, financial institutions and investment funds, which seek assistance with public procurement, project finance and regulatory matters. He jointly leads the practice with Thiago Vallandro Flores, who 'stands out in the Brazilian legal market in the area of energy and project financing'.

Brasília-based energy boutique Julião Coelho Advocacia is nationally recognised for its strength in regulatory litigation before the superior courts in Brazil. Its practitioners have relevant backgrounds at ANEEL (the National Electricity Energy Agency) and are regularly sought after by major clients in relation to complex regulatory issues. The full range of services pertaining to power generation, transmission, distribution and trading are catered for by the team, which regularly acts for clients in issues related to renewable energy sources. Julião Silveira Coelho excels in litigation proceedings before the federal courts and ANEEL; Camila Alves e Fontes is a name to note for risk analysis and regulatory issues, notably those pertaining to solar power; and Pedro Henrique Maciel Fonseca combines expertise in public law, litigation and infrastructure.

The energy group at Lefosse Advogados was bolstered by the December 2020 arrival of a team of electricity experts from Demarest Advogados. The department is now jointly led by two partners: Raphael Gomes, who is knowledgeable in regulatory issues pertaining to the generation and commercialisation of energy; and Pedro Dante, whose areas of expertise include energy purchase contracts, power regulations and litigation. The recent additions to the team strengthened its regulatory and administrative litigation capabilities. Bruno Crispim is a key figure in the regulatory field, and often advises clients on power purchase agreements and transactions involving renewable energy, including wind, solar, hydro and biomass.

Machado Meyer Sendacz e Opice Advogados has longstanding experience in traditional generation and renewable energy projects, acting as legal counsel to foreign and domestic companies in the power sector. The group is well equipped to assist with the full array of transactional mandates, ranging from project finance to M&A, energy auctions and commercial contracts. Regulatory issues and administrative proceedings also feature in the team’s caseload. Ana Karina Esteves de Souza, who is recommended for project finance, transactions and concessions involving the electricity sector, oversees the department, which also has notable strength in power commercialisation, trading and self-generation. Energy law specialist Laura Souza is regularly retained by international clients looking to operate in the Brazilian market. Paulo Machado - who made partner in January 2022 - is a noteworthy practitioner in project development, while the Brasília-based Cristiane Romano focuses on judicial and administrative disputes.

Mattos Filho, Veiga Filho, Marrey Jr. e Quiroga Advogados has broad capabilities across the entire spectrum of mandates pertaining to power, and particularly excels in transactional and regulatory work. The team balances a busy workload, with a significant proportion of its deals involving M&A, financings, asset auctions and strategic alliances. Besides acting for electricity companies across the generation, distribution and transmission segments in sector-related transactions, regulatory issues and administrative proceedings, the department also offers legal support to private equity houses and financial institutions. Other areas of expertise include self-production and gas-to-power projects, as well as renewable energy mandates. Fabiano Ricardo Luz de Brito devotes his practice to the electricity sector, and has a wealth of experience in M&A transactions, project finance and litigation. In a recent highlight, a team led by Brito advised the National Energy Trading Chamber (Câmara de Comercialização de Energia Elétrica – CCEE) on the ground-breaking COVID Account financing mechanism. Sofia Barbosa recently joined from Ulhôa Canto, Rezende e Guerra Advogados to boost the regulatory practice.

With a strong reputation for its knowledge of regulated sectors in Brazil, Mundie e Advogados advises international and domestic clients on a range of regulatory and contentious power mandates, with a special emphasis on the generation segment. The department excels in administrative proceedings, but is also adept at handling power purchase agreements, contractual issues and legislative matters. Leading the practice is Rafael Fabbri D’Avila, who is recognised for regulatory disputes and administrative law. Nathalie François is another key individual in the team, who focuses on power regulations.

With a strong background in M&A, privatisations and public tenders, Pinheiro Neto Advogados‘ energy department offers comprehensive advice to a varied client roster that includes independent power producers, electric utilities, energy trading companies, large consumers of power and investors. In a recent highlight, the team acted as counsel to major banks in Brazil in relation to the credit facility known as Conta-Covid, a mechanism created by the federal government to mitigate the impacts of the economic crisis caused by the Covid-19 pandemic on the electricity sector. Department head José Roberto Oliva Júnior is proficient across all energy segments and power regulations, and often handles project finance and M&A transactions. Senior associate Julia Batistella Machado left the firm in September 2021.

Sergio Bermudes Advogados is a top player in the dispute resolution market in Brazil, and has been increasingly involved in administrative disputes, appeals and regulatory issues pertaining to the power sector. Typical mandates include representing power concessionaires and companies across all electricity segments in complex disputes and project approvals. Vitor Ferreira Alves de Brito, who devotes his practice to the electricity sector and specialises in regulatory matters, heads up the department with dispute resolution specialist Marcio Vieira Souto Costa Ferreira. Lawyer and economist Elena Landau handles a steady stream of contentious matters involving electricity regulatory issues.

Siqueira Castro – Advogados is recognised for its strength in regulatory matters involving the power sector. It has a well-established presence in contentious cases and regularly acts for a varied client roster in judicial and administrative proceedings. Practice head David Waltenberg is a leading figure in the electricity sector, and often leads on complex regulatory and administrative issues. Other names to note in the energy department include administrative law specialist Humberto Negrão and Eduardo Evangelista, who is experienced in generation, transmission and distribution and often handles sector-related litigation.

The group at Souto Correa Advogados is well equipped to assist clients with an array of matters involving the electricity sector, having a wealth of experience in regulatory and administrative issues. The team, which has recently witnessed an increase in M&A-related mandates, is proficient in gas-to-power projects and distributed generation issues. Livia Amorim regularly counsels domestic and foreign clients which are engaged in the sale of infrastructure assets. She leads the practice with Fabio Di Lallo, whose areas of expertise include power purchase agreements, administrative proceedings and power regulations.

Tauil & Chequer Advogados provides legal assistance to a diverse client roster comprising domestic and international power traders, service providers, large consumers, and electricity generation, distribution and transmission companies. The team excels in project development and financing, and has substantial experience in gas-to-power matters, self-production projects and distributed generation. In addition to assisting clients throughout the entire life cycle of power projects, the team’s broad service offering also includes M&A, regulatory issues, dispute resolution and other renewable energy mandates. Eduardo Lima, who has a strong background in acting for sponsors, lenders and government agencies in financing transactions, oversees the group alongside ‘brilliant energy lawyer‘ Débora Yanasse, the main point of contact for electricity clients seeking advice on corporate transactions, regulations and contractual issues. Bruno Salzano is another key practitioner; he is often retained by Brazilian and foreign clients in energy projects and M&A. Since publication, Julia Batistella Machado joined the firm, in November 2021.

The energy team at TozziniFreire Advogados acts for a varied client base of financiers, EPC contractors, project sponsors, equipment suppliers and special consumers in the context of transactions and regulatory matters involving the power sector. Typical mandates range from advising on M&A and financing deals to providing legal support in the context of greenfield projects and privatisations of power distribution companies. The firm recently launched its Women of Energy group, which seeks to foster female representation and leadership in the Brazilian energy industry. Practice head Leonardo Miranda's experience covers contractual, transactional and regulatory mandates. Pedro Seraphim left the firm in February 2021.

With specialist knowledge across all segments (distribution, transmission and generation) of the Brazilian power sector, Ulhôa Canto, Rezende e Guerra Advogados maintains its leading position in the market. The full range of transactional, regulatory and contentious services are catered for, with the team regularly acting alongside the corporate and M&A, tax, projects and dispute resolution departments. The group possesses an impressive historical track record, which features major privatisations in the power sector, transmission and generation auctions, complex EPC agreements and high-value M&A involving power assets. Renewable energy is another strong point for the practice, which often advises on matters involving wind, solar and hydropower. Team leader Isabel Lustosa has significant experience in the electricity industry; she has acted for leading generation companies, financial sponsors and utilities throughout a legal career spanning more than two decades. Alberto Büll Da Silva is no longer at the firm.

Veirano Advogados is skilled at assisting across the gamut of matters pertaining to the power sector, and showcases particular strength in M&A transactions, project finance and development. With in-depth knowledge of regulatory issues across the transmission, generation, distribution and commercialisation of power, the team stands out for its renewables experience, with expertise in wind, hydro and solar projects and assets. Tiago Figueiró specialises in M&A, but is also active in project development and litigation involving power regulations. He leads the practice with project finance specialist Ana Carolina Barretto and Daniel Engel, the latter of whom routinely assists foreign and domestic clients in renewable generation projects.