Delegation of public services to the private sector
The infrastructure sector encompasses a range of essential goods and services that support the economic and social development of a region or country. It includes areas such as transportation (highways, railways, ports, and airports), urban mobility, energy (generation, transmission, distribution, and commercialization), basic sanitation (water, sewage, and solid waste), mining, telecommunications, housing, and public works in general.
These elements constitute the physical and organizational foundation required for other economic activities to thrive efficiently and sustainably. In addition to driving economic growth, investment in infrastructure promotes jobs and income, contributing to social inclusion and improved quality of life. Therefore, planning and implementing effective public policies in this sector is strategic for any country seeking sustainable development.
The delegation of public services to the private sector –through concessions, public-private partnerships (PPPs), leases, authorizations or permits – has proven to be a key alternative for expanding and modernizing infrastructure, given the budgetary limitations of the State, which maintains its role as regulator, inspector, and guarantor of the quality of services.
LO. Baptista has a solid and experienced team of lawyers in specialized infrastructure, dedicated to advising clients on projects within the sector. Our multidisciplinary team also provides legal counsel on regulatory, corporate, contractual, tax, fiscal, financial, and environmental matters, covering the full scope of operations, to mitigate risks and maximize results.
How we can help:
- Assistance tocompanies in domestic and international bidding processes.
- Legal support in structuringPublic-Private Partnerships and Public Service Concessions, including Interest Expression Proposals.
- Representation before Regulatory Agencies and Public Authorities.
- Legal support on compliance with sector-specificregulations .
- Advice on setting up Special Purpose Companies and business consortia.
- Drafting of shareholder’ agreements and corporate documents.
- Preparation of contractual instruments required forproject implementation and operation.
- Monitoring the execution of administrative agreements, including preparation of requests for economic-financial rebalancing, opinions, and analysis of amendments.
- Assistance in negotiating and drafting private construction agreements, EPC, alliance, etc.
- Support in the preparation and negotiation of claims.
- Advice on public civil actions, administrative corruption, and anti-corruption matters.
- Legal representation in proceedings before the Parliamentary Committees of Investigation (CPIs).
- Dispute resolution, including litigation and arbitration.• Legal assistance before the Prosecution Office, the Federal Controller General’s Office, and State and Municipal Controllership Offices.
- Representation before the Federal, State, and Municipal Accounting Courts.
