The relationship between the private sector and the Public Sector in Brazil is marked by a complex and constantly evolving regulatory tangle. At MSN Advogados, our practice of Administrative and Infrastructure Law transcends traditional bureaucratic work to position ourselves as a strategic partner in enabling government business and protecting the interests of companies that contract with the State.
Our work is based on a deep understanding of the New Law on Bidding and Administrative Contracts (Law No. 14.133/2021) and the State-Owned Enterprises Law, allowing us to advise clients from the modeling and risk analysis phase of bidding processes to the executive management of administrative contracts. We understand that the profit margin in public contracts depends strictly on maintaining the economic-financial balance; therefore, we possess outstanding expertise in formulating requests for rebalancing, tariff revision, and renegotiation, using robust legal and economic arguments before the Administration and Control Bodies (Courts of Auditors and Public Prosecutor’s Office).
In the infrastructure sector, we work on the legal structuring of Concessions and Public-Private Partnerships (PPPs), offering legal security for investors and concessionaires in long-term projects. Furthermore, our strategic litigation team actively defends companies and managers in Administrative Impropriety Actions, Administrative Liability Proceedings (Anti-Corruption Law), and Special Audits, mitigating reputational and asset risks in institutional crisis scenarios.
Detailed Scope of Services:
- Public Bidding and Contracting: Comprehensive advisory services in the analysis of bidding documents, challenges, requests for clarification, and proposal preparation, focusing on Law 14.133/2021 and RDC.
- Contract Management and Rebalancing: Preparation of requests for economic and financial rebalancing, contractual amendments, claims management, and defense against the application of administrative penalties.
- Defense in Sanctioning Law: Strategic representation in Administrative Impropriety Actions, Public Civil Actions, and Administrative Liability Proceedings (PAR/Anti-Corruption Law).
- Representation before Control Bodies: Technical defense in proceedings before the Federal Court of Accounts (TCU) and State Courts of Accounts (TCEs), including Special Audits.
- Concessions and PPPs: Consulting on the structuring of infrastructure projects, guarantee modeling, and regulatory monitoring of contract execution.