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Due to the pervasive nature of government regulation in today’s society, businesses and professionals in nearly every industry in Brazil can expect to encounter contact with a government administrative agency at some point in time. Administrative hearings can often be adversarial in nature and are conducted according to an entirely different set of evidentiary and procedural rules than a courtroom proceeding, and in a vastly different dispute resolution culture.

Administrative Law in Brazil

Our Brazilian administrative attorneys are here to provide assistance and advice within a range of business and professional matters pertaining to Brazilian administrative law. Some of the areas in which we can help include:

  • Inquiries About Public Tenders and Procurements
  • Litigation Against the State or Public Officers
  • Concession and Public-Private Partnership Agreements
  • Public Financing
  • Licensing Issues

About Brazilian Administrative Law

Brazil is unique to most other Civil-law jurisdictions because there is no specialized court or section to deal with administrative cases. A constitutional reform led by the government of President Fernando Henrique Cardoso in 1998, introduced regulatory agencies as a part of the executive branch. Since 1988, Brazilian administrative law has been strongly influenced by the judicial interpretations of the constitutional principles of public administration (article 37) which includes:

  • Legality
  • Impersonality
  • Publicity of Administrative Acts
  • Morality
  • Efficiency

About Public Biddings

Within the Federal Constitution, article 37 is a provision spelled out in item XXI, which states government purchases should be regulated by a specific law. The law of public biddings is among the most amended Brazilian laws. Due to Brazilian bureaucracy there are many small details regarding the procedures of public biddings that could become major stumbling blocks. Our attorneys will assist in the interpretation of and assure correct compliance of this law. Some highlights of the most important topics of this law include the following considerations:

  • Brazilian and foreign companies will compete equally and the bidding process is public
  • All bids must be conducted in national currency
  • Bidding is not mandatory in situations such as emergencies that put people or premises at risk, purchases of small value as defined by law, or when previous bidding processes had no bidders
  • There are situations in which bidding is not feasible such as when there is only one possible contractor for a given product or service, or a stand-out professional remarkably better than the other bidders
  • The number of documents necessary to participate in the bidding processes depends on the modality of bidding. For national biddings, a Tax Number (CNPJ) is required.

We can help you negotiate the bureaucratic steps that must be overcome for all matters related to Brazilian administrative law – from licensing issues to public biddings and more. We can prepare and present your defense to disciplinary or enforcement actions that could jeopardize your business and livelihood.

Phone: 212-300-7174

Email: info@oliveiralawyers.com