Regulatory and Administrative Law
The law firm Bertolucci & Ramos Gonçalves Advogados applies legal advice in regulatory law on matters related to the activities of regulatory agencies and governmental bodies (municipal, state and federal). In addition, it provides advice on the provision of public services regarding its regulatory, contractual, corporate, tax, environmental and competitive aspects. With extensive experience in the area, he guides in bidding and competition processes for the exploitation of certain public services under the supervision of regulatory agencies.
The office’s performance also involves:
Advising on administrative contracts, bidding processes and administrative procedures in general, advising on administrative litigation through consultations, appeals, defenses and appeals, opinions, studies and definition of strategies before the public administration.
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Decisão do STF sobre a licitude da terceirização pode afetar condenações anteriores.
Parliamentary company is prohibited from participating in public bidding
The Group of Chambers of Public Law of the Court of Justice, in a uniform and binding decision, rendered in the Incident of Assumption of Jurisdiction n. 0300316-12.2017.8.24.0256 / 50000, defined the prohibition of participation of company that has parliamentarian as partner in bidding process with the Public Administration. The unanimous vote was based on the discussion on the unilateral termination of contract for tire retreading with a municipality in the west of Santa Catarina. The company of which the parliamentarian is a partner has a contract with more than 100 municipalities in Santa Catarina and won the auction in the trading modality for R $ 107,000.00 (one hundred and seven thousand reais).
The municipality unilaterally rescinded the pact because it realized that the Public Ministry was filing Public Civil Actions in the neighboring cities. The company filed a writ of mandamus and was successful in the first degree. Irresigned, the Public Prosecution Service filed an appeal because it understood that there is constitutional prohibition against hiring public power with federal deputies and senators. In addition, the agency said that hiring a company owned by members of the Legislative Branch characterizes an act of administrative impropriety for offending the principles of morality and impersonality, which govern the Public Administration.
STF's decision on the lawfulness of outsourcing may affect prior convictions.
The Federal Supreme Court (STF) decided (August 30, 2018) that it is lawful to outsource all stages of the production process, be it middle or end. In judging the Arrangement of Non-Compliance with Fundamental Precept (ADPF) 324 and Extraordinary Appeal (RE) 958252, with general acknowledged repercussion, seven ministers voted in favor of outsourcing of final activity and four against.
The thesis of general repercussions approved in the RE was as follows: “It is possible to outsource or any other form of division of labor between different legal entities, regardless of the corporate purpose of the companies involved, maintaining the subsidiary responsibility of the contracting company.