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In brief

On 1 April 2021, Law nº 14,133/2021 or the New Public Procurement General Law (“New Public Procurement Law“) was published, substituting Law nº 8,666/1993. The Brazilian president, however, has vetoed 26 items of the bill approved by the National Congress.


In more detail

After much anticipation, the New Public Procurement Law was published, substituting Law nº 8,666/1993. This new law is applicable to public entities in the federal, state and municipal levels. State-controlled companies, however, are only reached by the new definitions of crimes related to public procurement since they are subject to a specific legal regime set forth by Law n º13,303/2016.

The New Public Procurement Law updates concepts used in the previous norm from 1993, integrating rules and mechanisms created by specific legislation as well as consolidated case law by the Judicial Branch and control entities (such as Accounts Courts). The New Public Procurement Law also brings a series of new relevant rules that must be followed by the Public Administration and private parties.

For the next two years, entities of the Public Administration will be able to choose to conduct procurement procedures (either direct hiring or public tenders) based on either the New Public Procurement Law or on Law nº 8,666/1993. The same law used in the procurement procedure must rule contracts.

The Brazilian president vetoed 26 items approved by the Legislative Branch. The National Congress will now conduct further analysis and may strike down such vetoes.

Our Public Law team will conduct events to discuss the most relevant topics in the New Public Procurement Law and is also available for individual discussions (including on specific themes) and/or further clarifications on the subject.

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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

Jose Roberto Martins is a Principal in Trench, Rossi e Watanabe Advogados, Rio de Janeiro office. Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

Author

Danielle Valois joined the Firm in 1999 and became partner in 2011. As a principal, she heads the Oil & Gas Practice in Brazil. Her practice is focused on energy cross-border transactions. She has a wide breadth of experience providing legal, regulatory and commercial support on M&A, international trades, Oil & Gas and infrastructure development projects, disputes, anti-corruption and sanction advice, policymaking and corporate governance. Danielle is accredited as a lawyer in Brazil and has a vast experience in working in international projects with multiple jurisdictions. 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.