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In brief

The Brazilian Senate approved last week the final text of the bill for a new public procurement general law (“New Public Procurement Law“), which will substitute Law nº 8,666/1993. The final document will now be submitted to the Brazilian president for signature and/or vetoes.


As previously reported, the Brazilian Senate approved on December 2020 the bill for a New Public Procurement Law, which will be applicable to public entities at the federal, state and municipal levels. State-controlled companies, however, will only be reached by the new definitions of crimes related to public procurement, since they are subject to a specific legal regime set forth by Law number 13,303/2016.

After that voting session, the bill remained in the Senate for the final text to be prepared. After internal evaluation, a few changes to the bill were proposed (most of them aimed at improvements in the text and better clarity), leading to a new vote by the Senate, which happened on last week.

The final document will now be submitted to the Brazilian president, which has 15 days to sign the new legislation and/or impose vetoes to the text approved by Congress. If the deadline expires without any action from the president, the law is automatically approved in the terms defined by Congress.

We will follow closely the next developments in the matter, in special potential presidential vetoes.

Our Public Law team is available for further clarifications on the subject.

Click here to read the article in Portuguese.

Author

His area of expertise is Public Law, Government Affairs and Regulatory, with focus on consultancy matters. Mr. Frizzo is recognized by Chambers & Partners as a leading Individual in Public Law. He elaborates legal opinions and responds to consultations on the areas of expertise, including public tenders and contracts with the government, concession and public-private partnership contracts. Has experience in complex negotiations with the government and in the alignment of strategies to meet the local content requirements in public tenders. Assist clients in the regulatory area, especially pharmaceutical, medical devices and health areas. Also acts in procurements in the defense area, including the negotiation of offset arrangements. He is a speaker in events related to compliance in contracts with the government and regulatory.

Author

Heloisa Uelze is a partner at Trench Rossi Watanabe (in cooperation with Baker McKenzie) in São Paulo, Brazil.

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).