The structure and operation of the Investments Partnerships Programme Council was regulated – Leal Cotrim Jansen Advogados

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The structure and operation of the Investments Partnerships Programme Council was regulated

Less than a couple of months after the enactment of Provisional Measure 727, as of 12 May 2016, which created the Investments Partnerships Programme (PPI), Decree 8,791, as of 29 June 2016, was enacted. It regulates the structure and the operation of the Council of said incentive programme for infrastructure investments.

The creation of PPI was one of the first measures of the incumbent interim President Michel Temer, and aims at enhancing the opportunities for investments and employment, guarantee and expansion of public infrastructure, foster competition for the execution of partnerships and provision of services, ensure legal stability and certainty, all having as goal a minimum governmental intervention. Additionally, it intends to strengthen the regulatory role of the Public Administration and the autonomy of technical regulatory entities.

Amongst the measures included in the PPI are the creation of the BNDES Partnership Support Fund, for an initial 10 year term, of private nature and own separate assets, which shall have as purpose the provision of services to structure project within the ambit of PPI. Such structuring may also be hired by means of the so-called Procedure for Authorisation of Studies, pursuant to art. 21 of Law 8,987, as of 13 February 1995. However, in the case of single authorisation for studies, the Public Administration shall request the following to waive their rights to take part in the bid of the project, be it as contracting party or private partner: (i) the interested party itself; (ii) its controllers and entities under common control; (iii) persons that hired the interested party for the provision of services related to the object of the authorisation, as well as their controllers, controlled entities and entities under common control; and (iv) persons hired by the interested party for the development of activities related to the object of the authorisation.

The incumbencies of the PPI Council encompass the issue of opinions, prior to decision by the President, about proposals made by the Ministries and Sectors Councils about (i) longer term policies for privatisation and investments, through partnerships, in federal infrastructure public projects; (ii) projects qualified for implementation by means of partnership and directives for relevant structuring, bidding and contracts; (iii) policies to foment partnerships for infrastructure projects launched by the States, the Federal District and the Municipalities; (iv) other privatisation measures to be implemented; as well as (v) the agenda of all those actions. It shall also be incumbent upon the Council to coordinate, monitor, assess and supervise PPI operations, and support sectorial actions necessary for PPI’s implementation.

The Council shall be chaired by the President and formed by the PPI Executive Secretary (who shall also act as Executive Secretary of the Council), the Chief Minister of House Affairs, and the Ministers of Finance, Planning, Transportation and Environment, and the CEO of BNDES.

Ministers with authority over sectors of matters subject to examination by the Council, as well as the chief officers of the competent regulatory authorities and of the Federal Savings Bank shall be invited to attend meetings of the Council.

After the regulation of the structure and operation of the PPI Council, it is expected that its activities shall soon begin and that good opportunities for investment in the infrastructure sector arise, now in a more stable environment for investors.

Privacy Policy

Leal Cotrim Jansen Advogados (“Leal Cotrim”) is firmly committed to respecting the privacy of its members, clients and all individuals whose personal data we collect, store or process in any other way. Any information relating to an identified or identifiable natural person is personal data.

This Privacy Policy guides the processing of personal data by Leal Cotrim and disciplines the exercise of the rights of the individuals whose personal data are processed by Leal Cotrim and/or on behalf of Leal Cotrim. We kindly ask that you read it carefully before providing us with your personal data and every time you wish to know how we use your personal data.

1. How we process your personal data

All processing operations carried out by Leal Cotrim are compliant with the applicable laws, especially Law 13,709/2018 (“Lei Geral de Proteção de Dados”) and Law 8,906/1994 (“Estatuto da Advocacia”).

We only processes your personal data under the following legal basis:

(i) under your consent;
(ii) for compliance with a legal or regulatory obligation;
(iii) for the performance of a contract for the provision of legal services or in order to take related steps prior to entering in such a contract;
(iv) for the regular exercise of rights within a judicial lawsuit, na administrative or arbitral procedure; and
(v) for the purposes of the legitimate interests pursued by Leal Cotrim, except where such interests are overridden by your fundamental rights and freedoms which require protection of your personal data.

Visiting and browsing our website are anonymous. Regarding the use of our website, we only collect the personal data that are provided by you when you use the contact tool available on our website, under your explicit consent.

For your privacy to be preserved, if you forward you personal data to Leal Cotrim in order to be considered for one of our vacancies, they will be securely erased immediately after the recruitment process ends.

In any case, Leal Cotrim only processes the personal data that are necessary to achieve the purpose of the processing, and for the period that is necessary to do so.

2. How we protect you personal data

Leal Cotrim adopts technical and administrative measures to protect your personal data from unauthorized access and from non-intentional or unlawful destruction, loss, modification, communication and dissemination. However, any security incident involving your personal data that may cause you significant risk or harm will be communicated to you and to the National Data Protection Authority – ANPD within a reasonable time.

3. Your rights as data subject

As a data subject, you have the following rights, subject to the provisions of article 7, II, of Law 8,906/94 and article 7, VI, of Law 13,709/2018:

(i) confirmation as to whether your personal data are being processed;
(ii) access to your personal data;
(iii) rectification of your personal data that are incomplete, inaccurate or outdated;
(iv) anonymisation, restriction of processing, or erasure of your personal data that are unnecessary, excessive, or processed in non-compliance with the provisions of the applicable law;
(v) portability of your personal data for the use of another services provider, in accordance with the regulations issued by the National Data Protection Authority – ANPD, subject to the protection of commercial and industrial secrets;
(vi) erasure of your personal data, except in the cases provided for in the applicable law;
(vii) information about public and private entities with which we share your personal data;
(viii) information about the possibility of not providing your consent for the processing of personal data and about the consequences of the refusal;
(ix) withdrawal of your consent, subject to the public interest that may justify the processing to continue or the existence of another legal basis that authorizes it; and
(x) opposition to any processing of personal data based on one of the legal basis that do not require consent, provided that there has been a breach of the applicable law, and subject to the public interest that may justify the processing to continue.

4. How you can exercise your rights

At any time, you can exercise your rights as a data subject by sending a request to encarregado@lealcotrim.com.br. Following confirmation of your identity, your request shall be answered within the legal term or, in the absence of a legal term, within a reasonable period.

If you receive our institutional newsletters and no longer wish to receive them, you can also unsubscribe through the link that we provide in every newsletter.

5. Changes to this privacy policy

This Privacy policy was drafted in accordance with the current laws and may be modified to better suit the applicable laws and regulations. Any changes to this Privacy Policy will be effective as of the date indicated below.

01 December 2020