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Brazil: Public consultation regarding abusive action by federal regulators

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In brief

The Advocacy and Competition Law Secretariat of the Ministry of Economy (SEAE) published last Wednesday Public Consultation no. 02/2021, through which it seeks to receive contributions regarding potential abusive or excessive actions by federal regulators. The contributions will be used by the SEAE to develop a public policy proposal that helps and directs the activities of such regulators.

The public consultation lists 13 specific hypotheses in relation to which the SEAE seeks to receive contributions, such as regulatory overreach, violation of the Economic Freedom Act, excessive or improper activity, regulatory omission, and omission with competitive loss. The SEAE will accept contributions only in relation to the conduct of regulatory agencies, the CVM, CNEN, INMETRO, PREVIC and SUSEP.

The manifestations will be received anonymously by the SEAE until 2 April 2021. Our office has a dedicated team to assist you in preparing contributions for the public consultation.

Click here to access the Brazilian version: Publicada tomada de subsídios sobre atuação abusiva de reguladores federais

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*In cooperation with Trench Rossi Watanabe, a Brazilian law firm.

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Author

Heloisa Barroso Uelze joined the Firm in 2000 and became a partner in 2005. She has over 25 years of practice and is currently the head of the Brazilian Public Law, Government Relations and Regulatory Group at Trench Rossi Watanabe. Heloisa is recognized as a leading practitioner in such areas of law by various international publications such as Chambers, LACCA, Análise Advocacia, and PLC. Before joining Trench Rossi Watanabe, Mrs. Uelze worked for thirteen years in a law firm specialized in Public Law created by four of the most regarded scholars in Administrative, Public, Tax and Constitutional Law In Brazil, all of them respected Professors that held PHDs: Celso Antonio Bandeira de Mello, Geraldo Ataliba, Adilson Abreu Dallari and Michel Temer. In April 2000 Heloisa was nominated – due to her recognized ethical reputation and specialized legal knowledge, head of the legal department of Federal Government Autarchy, where she stayed for 12 years. Such position was not inconsistent with the private practice of law. Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author

Bruno Corrêa Burini joined the Firm in 2013 and became partner in 2018. He is the responsible for the Brasília Office and coordinates the Public Law litigation practice group, with focus on bids, concessions, regulated markets, competition law and compliance / improbity / anti-corruption issues, with extensive experience in Superior Courts. Mr. Burini has a wide breadth of experience in the government relations group acting before the Executive and Legislative Powers, in addition to contributing to the Tax Law Group. He was, for 5 years, advisor to the Minister of the Superior Court of Justice (Public Law session) and advisor to the Presidency of CADE (The Administrative Council for Economic Defense). Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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