Public law in Brazil

The well-established practice at Machado Meyer Sendacz e Opice Advogados, which combines impressive administrative law and regulatory knowledge with transactional expertise, provides advisory services in relation to the entire spectrum of public law matters. The team is particularly sought after for its experience in public procurement, complex PPP agreements and high-stakes litigation before federal regulatory agencies and the superior courts of Brazil. Other typical mandates include privatisations, concessions and administrative improbity claims. In the context of the Covid-19 pandemic, the team was engaged by clients across a range of sectors, such as transport, energy and sanitation, in relation to the extension of existing concession agreements, rebalancing requests of contracts, and litigation. Department head José Virgílio Lopes Enei is a name to note for PPPs and concessions of urban and social infrastructure. Lucas Sant’Anna is recommended by peers and clients alike for his strong background in public tenders, administrative law and PPPs. Rafael Vanzella, who specialises in public law and regulatory matters pertaining to the transport and sanitation sectors, and Pedro Saullo, whose areas of activity include concessions and PPP projects, are also key contacts.

Manesco, Ramires, Perez, Azevedo Marques Sociedade de Advogados is a reference in the Brazilian legal market for its well-recognised expertise in public law. The firm covers a broad range of work and stands out for its track record in high-profile litigation involving administrative law, public contracts, PPP projects and concessions. The team acts for both private and public sector clients engaged in projects, infrastructure transactions and contentious matters with considerable public law implications and across an array of sectors, including ports, roads, airports, railways, logistics, sanitation and urban infrastructure. The department is jointly led by administrative law expert Floriano De Azevedo Marques Neto and Marcos Augusto Perez, both of whom are regularly instructed by public and private companies to advise on public service concessions, PPPs and bid contracts.

Demarest Advogados excels across a broad range of public law matters, but is perhaps best known for its strength in the development of PPP projects, public procurement and litigation arising from agreements with state and federal entities. On the contentious front, the practice acts for private sector clients operating in a variety of industries, including transport, energy, sanitation and waste management, in administrative, judicial and arbitration proceedings involving disputes with the public administration. Bruno Aurélio is a name to note for the structuring of infrastructure projects, privatisations and PPPs. He oversees the department, which also includes key associate Renan Sona Silva, who assists with a variety of public procurement, concessions and PPP issues.

The public law department at Mattos Filho, Veiga Filho, Marrey Jr. e Quiroga Advogados demonstrates strong transactional, contentious and regulatory capabilities. The team offers legal support to a varied client roster, including concessionaires across the transport and public sanitation sectors, insurance companies, contractors, financial institutions, private equity funds and infrastructure companies, helping them to navigate regulatory matters and the complexities surrounding public procurement, concessions, PPPs and administrative proceedings. Also noteworthy is the practice’s ability to handle regulatory issues connected to M&A and capital markets deals involving public-sector assets and companies subject to government regulations, and to represent clients in litigation and arbitration against governmental entities. André Luiz Freire, who often advises on the structuring of public concessions and biddings, is the main point of contact in São Paulo. Thiago Luís Sombra heads the Brasília-based team and is predominantly involved in negotiations with public authorities and regulatory agencies. The team was recently strengthened by the arrival of Henrique Lago da Silveira, who is proficient in administrative proceedings. Since publication, Victor Jacuru joined from Palma Guedes Advogados.

The administrative law team at TozziniFreire Advogados has a wealth of experience in government projects and contracts across a variety of sectors, including airports, ports, roads, water and sewage, solid waste and public lighting. Its client roster features both private and state-owned companies seeking advice on public procurement procedures and representation in proceedings before regulatory agencies, audit courts and corruption-related cases. Co-leaders José Augusto Dias de Castro, who focuses on administrative sanctions and compliance matters related to the implementation of infrastructure projects, and Claudio Coelho de Souza Timm, who is recommended for his experience in enforcement proceedings, are the names to note in the team. Since publication, Claudia Elena Bonelli  left the firm.

With multiple offices across Brazil, Azevedo Sette Advogados fields a team with solid experience in the area of public procurement, privatisations, concessions, PPPs and regulatory issues. Administrative proceedings also feature on the firm's workload, which is further populated by high-profile judicial litigation involving public administration matters. The public law department, which is predominantly based in Belo Horizonte, is often retained by companies operating in the construction, mining, telecoms and financial services sectors, but is also well equipped to advise public-sector entities. Frederico Bopp Dieterich and Leonardo Moreira Costa de Souza, who both have significant experience in administrative law, infrastructure projects and PPPs, form the core senior team.

Companies operating in the sanitation, technology, telecoms, agribusiness, infrastructure, energy and chemicals sectors regularly turn to Felsberg Advogados' public law and regulatory team for assistance with proceedings before the judiciary, regulatory agencies and local authorities across Brazil. Leading the practice is public law and life sciences specialist Marianne Albers, who receives key support from Rodrigo Bertoccelli and Felipe Cesar Lourenço, both of whom possess years of experience in bidding procedures and administrative contracts. Bertoccelli is a go-to counsel for clients active in the sanitation sector and looking for advice on public service concessions and PPPs, while Lourenço stands out for his track record in administrative proceedings and regulatory matters.

Covering both consultancy and litigation matters, Pinheiro Neto Advogados is equipped to lead advice on interactions with governmental entities and high-profile judicial cases involving public administration issues. The team is often retained by clients in the transport, sanitation, healthcare and defence sectors in relation to government tenders for public concessions, PPPs, privatisations and contract negotiations. Recently, the practice has been active in matters arising from the Covid-19 pandemic, advising on the execution of emergency contracts with the government and on the renegotiation of government contracts due to unforeseen circumstances. The public law team also took on a leading role in the firm’s pro bono initiative assisting clients in the implementation of measures to help fight Covid-19, such as donations to the government and cooperation agreements. Ricardo Pagliari Levy is seasoned in administrative proceedings and public procurement. The latter is also a core area of activity for Fernando Rissoli Lobo Filho, who also showcases strength in regulatory issues. Other key individuals include Heloisa Figueiredo Ferraz and Marcello Bernardes, who focuses on infrastructure projects and litigation.

The public law team at Siqueira Castro – Advogados offers legal advice in the fields of public procurement, contracts, concessions and PPPs. Of particular note, the department, which often works alongside the firm's environmental, corporate and dispute resolution lawyers, has extensive experience in public projects in the energy and oil and gas sectors. Telecoms, transport and real estate clients also turn to the team in relation to an array of public law matters, including regulatory issues and administrative proceedings. Carlos Roberto Siqueira Castro, who is knowledgeable in constitutional law, administrative matters, public tenders and PPPs, oversees the department with regulatory and public law specialist Renata de Abreu Martins and Thiago de Oliveira, the latter of whom is a key contact for infrastructure projects and compliance.

Tauil & Chequer Advogados offers comprehensive advice to private sector clients pursuing business opportunities with federal, state and local governments. Bid processes and protests, PPP agreements and concessions are key fields of expertise for the practice, which also has noteworthy experience in handling contentious matters involving public administration issues at the administrative, judicial and arbitration levels. Bruno Werneck is seasoned in project development, concessions and PPP structures. Juliana Deguirmendjian is a key contact for public bids in the water and sewage, highways and urban mobility sectors. Former co-head Mario Saadi left the firm. Public and administrative law specialists Flávio Amaral and Henrique Rocha joined in August 2021.

BMA - Barbosa, Müssnich, Aragão is well versed across a broad array of public law matters, spanning infrastructure projects, regulatory issues and government affairs. As well as providing advice on government contracting procedures, concessions and PPP structures, the practice also represents clients before regulatory agencies and acts in all types of disputes involving the public administration. Administrative misconduct and corruption cases are particular specialisms. José Guilherme Berman often assists with public bids and anti-corruption cases, while Felipe Schvartzman is specialised in compliance and administrative improbity claims. Both practitioners are based in Rio de Janeiro. In São Paulo, Ana Cândida de Mello Carvalho stands out for her in-depth knowledge of administrative law, including concessions of public services, state-owned companies and bidding procedures.

Lefosse Advogados has a wide-ranging public law and regulations practice, covering all stages of public procurement procedures, PPPs, concessions and privatisations. The firm is also well regarded for its experience in transactions involving regulated assets and companies with public law implications. Leading the practice is Eduardo Carvalhaes, whose areas of expertise include government contracts, concessions of public utility services and bidding processes. In addition to its strong consulting capabilities, the team is also often engaged by clients from a range of industries in relation to administrative proceedings.

Veirano Advogados has notable strength in transactional matters with significant administrative law or regulatory components, advising domestic and foreign clients from highly regulated industries such as energy, infrastructure and natural resources. Mauro Hiane de Moura leads the public law department out of Porto Alegre. Mandates involving government concessions, PPPs and privatisation of state-owned companies populate the practice's workload, which also features administrative and judicial litigation. Marcos Ludwig is a key contact in Rio de Janeiro for energy and infrastructure-related projects, while Daniel Engel in São Paulo excels in public contracts and regulatory issues.

Vella Pugliese Buosi e Guidoni Advogados brings together specialists in public law, regulatory issues and infrastructure projects who act for clients active in a range of industries, most notably basic sanitation and airports. The team is equipped to guide clients throughout all stages of bid procedures, and is also skilled at assisting in negotiations with regulatory agencies and handling administrative proceedings carried out by the audit courts. Concessionaires often seek Fernando Villela de Andrade Vianna's advice on an array of infrastructure and public law-related issues. With a strong background in public administration and regulatory agencies, Renato Otto Kloss is routinely engaged by companies in the sanitation sector in relation to new concessions and PPP agreements.

The public law team at Almeida Advogados is skilled at handling strategic litigation against government agencies. The practice also possesses broad public procurement expertise, often advising on PPPs and public contracts. Department head Rafael Zinato Moreira specialises in civil and administrative law, with a particular focus on bidding processes. Administrative law is also an area of expertise for Igor Luna and Pedro Argenta Bayardino, both of whom have an impressive track record in public law-related litigation.

CGM Advogados fields a group that is devoted to public law and antitrust matters. The practice has been particularly active assisting multinational clients in a variety of sectors, including technology, healthcare, transport and financial services, in administrative and judicial disputes, as well as internal investigations involving public law issues. André Marques Gilberto oversees the department; he is well versed in bid processes and litigation.

Split between São Paulo and Brasília, Dal Pozzo Advogados attracts instructions from a diverse client base operating in the healthcare, education, transport, telecoms, solid waste and energy sectors. Its key strength lies in judicial and administrative litigation arising out of concession agreements, PPPs and administrative contracts. Augusto Neves Dal Pozzo, who primarily focuses on infrastructure projects and public contracts, coordinates the department alongside Antonio Araldo Ferraz Dal Pozzo. Public law disputes and proceedings before the audit courts are among João Negrini Neto's specialisms.

Dias Carneiro Advogados has extensive experience in public procurement procedures, government contracts and related dispute resolution. On the contentious front, the practice is skilled at representing companies before audit courts and handling administrative and judicial proceedings. Assisting clients with the assessment of risks in relation to joint ventures and transactions with public law and regulatory implications is another area of strength for the department led by Ricardo Sanches. Joyce Ruiz Rodrigues Alves is a key individual, with expertise in administrative law and anti-corruption matters.

Duarte Garcia, Serra Netto e Terra Advogados houses a team of specialists in all types of contracts and administrative proceedings at the federal, state and local levels. Companies from regulated industries, including waste management, aviation, energy, construction and transport, are at the core of the group's client base. With strong consultancy and litigation capabilities, the practice advises on concessions, PPPs, procurement and anti-corruption claims. Luis Eduardo Serra Netto leads the department, which also includes Paola Szanto, whose areas of expertise cover long-term public concessions, infrastructure projects and public contracts.

Specialised in cases involving constitutional law, Gustavo Binenbojm & Associados (GBA) stands out for its strong track record before the Supreme Federal Court. The Rio de Janeiro-based firm offers representation to clients in the media, telecoms, technology, insurance and energy sectors in an array of administrative, judicial and arbitration proceedings related to constitutional and regulatory law. Key areas of expertise include freedom of speech and of the press. Some of the biggest media conglomerates often seek Gustavo Binenbojm‘s assistance with high-profile disputes. Other noteworthy practitioners include Alice Voronoff, Rafael Koatz and André Cyrino. Rafaela Canetti recently joined the practice, having previously been at the Supreme Federal Court. Flávio Carvalho Britto left the firm in December 2020.

KLA Advogados offers legal support to a diverse client roster that includes companies from the technology, telecoms, energy, transport, sanitation and life sciences sectors. An array of consulting and contentious public law services are catered for, with the practice regularly acting for clients in tender procedures, management of administrative contracts and proceedings before federal, state and municipal budget oversight courts and regulatory agencies. Department head Paulo Prado has notable experience in the fields of public procurement, regulatory matters and government contracts.

Acting for clients across a variety of sectors, such as sanitation, social infrastructure, transport, healthcare and logistics, Madrona Advogados‘ service offering covers public law, infrastructure and regulatory matters. São Paulo-based partner Rosane Menezes Lohbauer, who has a solid background in M&A transactions, is predominantly engaged in the structuring of infrastructure projects through concessions and PPPs. Also in São Paulo, Rodrigo Machado is retained by companies operating in regulated sectors, namely power and natural gas, while Rodolfo Tamanaha is the name to note in Brasília for administrative proceedings and litigation before the superior courts.

Demonstrating an impressive track record in proceedings before judicial, administrative and audit courts, Silveiro Advogados is also skilled in public procurement, government contracts and cases related to fraud. The team, which boasts a strong following in the telecoms sector, is jointly led by two public law specialists - Ricardo Leal de Moraes and Manoel André da Rocha - who have decades of experience across the entire spectrum of public law mandates, including negotiations with regulatory agencies. Moraes splits his time between Porto Alegre and São Paulo and focuses on administrative law and regulatory issues. Rocha is a key contact in Porto Alegre, especially for constitutional and administrative law matters.