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Expertise

Public-Private Relationship

The Public-Private Relationship area of Braga Nascimento e Zilio has the expertise required to offer solutions and legal advisory with respect to the whole involvement of private companies with the public sector.

One of the main forms of engagement of the private entities with the public sector occurs in the so-called partnership agreements, a new expression recently brought by Law no. 13.334, 2016.  

In order to establish feasible public-private deals, we must mention two instruments which allow the presentation of projects or studies, by the private initiative, to the public sector:

Expression of Interest ??' PMI 
Unsolicited Proposals ??' MIP 

Braga Nascimento e Zilio firm has a team with excellence legal advisory, having a full understanding of those tools to promote business opportunities with the public sector. When doing so, we follow the morality and ethics principles which govern the public-private relationships.

We also assist our clients in the Project Finance, especially with relation to the guarantees which will ensure the sustainability of the investment. A legal advisory on the project finance is crucial, especially when the private initiative has a proactive behavior to propose new projects to the public sector. We also work together with external consultants on finance and engineering for the project finance.

Besides the partnership agreements, there are also are other kinds of public-private relationship which are part our area and are also represent forms of public-private relationship:

Public bid (Law no. 8.666/1993)
Differentiated Contracting Regime ??' RDC 
Online Auction
Business involving public assets 
Consortiums and covenants
Donations to the public sector 

Regulatory matters in general, with administrative and/or judicial litigation

The public-private relationship involves a profound knowledge on the main industries acting with the public sector. For this purpose, we have the conditions to deliver services to the most diverse industries. Below we can find each sector and the industry related to every infrastructure sector.

1) Transportation and logistics (airports, roads, railways, subway, bus corridor ??' BRT, Light Rail Transit (LRT), ports, load transport, fuel distribution, dry ports, logistic condominiums, private airports;

2) Electric power and renewable sources (generation, transmission, distribution, trading, Small hydro, solar, wind power, bio-energy);

3) Sanitation (water supply, sewerage service, solid waste handling, biogas exploitation, landfill);

4) Telecommunication (fixed telephony, mobile telephony, internet, cable television, streaming services);

5) Urban Infrastructure (public lighting, public transportation, parking places, traffic management and road signaling, event centers, hospitals (management of hospital infrastructure and equipment), data centers, colleges and universities, soccer stadiums, administrative cities).


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