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Brazil: Senate approves the final version of the bill for the new public procurement general law

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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.

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Author

Henrique Kruger Frizzo joined the firm in 2004 and became a partner in 2014. He is the leader of the Life Sciences group and also integrates the Public and Regulatory Law group. He acts in the preparation of legal opinions and consultations on topics of his expertise, including tenders and contracts with the government, public service concession contracts and public-private partnerships. He has experience in complex negotiations with the government and assists clients in structuring effective government relationships. He also acts in the identification of irregularities and illicit acts in contracts and relationships with the government and in the area of sales to defense and public security agencies, including in the structuring of technological compensation agreements.
In the Healthcare sector, he advises pharmaceutical, medical device and other companies in the sector on a wide range of matters, including transactions involving commercial agreements and complex negotiations with the government and health technology transfer agreements. He also advises clients on market access strategies, including procedures for the incorporation of new health technologies into SUS and ANS, and represents companies in CMED administrative proceedings. Henrique prepares consultations involving clinical research and regulatory issues, reviews promotional materials, and acts in administrative litigation involving local health authorities and ANVISA. Additionally, he provides support in compliance issues, digital health and analysis of the constitutionality/legality of legislation. Due to his expertise, he participates in the drafting of bills of law and regulations for the industry.
In Public Law, Government Affairs, Regulatory and Compliance, he has extensive experience in corporate investigations, with a focus on government procurement and corruption, and their respective consequences in the civil and administrative areas. We assist clients in defining strategic decisions regarding the results of the investigation and participate in the defense before or during the negotiation with the civil and administrative police authorities responsible for the cases.

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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