Founding Partners: Julião Silveira Coelho
Managing Partners: Camila Alves e Fontes
Senior Partner: Pedro Henrique Maciel Fonseca
Partners: Marcos Serejo de Paula Pessoa, Guilherme Leite Chamum Aguiar, João Paulo Gusmão da Silva, Maíra Carvalho Capatti Coimbra
Energy: Julião Coelho, Camila Alves e Fontes, Pedro Henrique Maciel Fonseca
Julião Coelho Advocacia is an energy law boutique. The firm was founded in 2006 and is based in Brasília. It has a modern and results-driven approach to issues. The team is well equipped to handle all questions arising from the energy sector. Julião Coelho, its founding partner, used to be Federal Attorney and, after that, a Commissioner at the Brazilian Electricity Regulatory Agency – ANEEL, which lends the firm first-hand experience when it comes to regulatory matters in the energy sector.
Partner Julião Coelho is seen as a reference point in this market and works closely with partner Camila Alves e Fontes. The whole team is highly experienced in the energy field and hold excellent academic qualifications.
Julião Coelho Advocacia is the go-to firm for all complex, ground-breaking matters concerning the energy field in Brazil.
Main Areas of Practice:
The firm is able to cover all matters related to the energy sector. It has notable strength handling complex regulatory cases before the federal courts of Brazil, including the superior courts.
The firm has been involved in all leading cases in the energy field for the past few years, being it by providing legal opinions or litigating complex matters. The team is highly specialised and has a strong academic background, with international expertise.
Central Geradora Termelétrica Fortaleza S.A. (group ENEL Brasil S.A.)
Julião Coelho Advocacia represented CGTF (Central Geradora Termelétrica Fortaleza) in this highly complex issue that involved PETROBRAS and natural gas supply issues. Within a Federal Government Programme called Priority Programme for Thermoelectricity (PPT) the client was entitled to receive twenty years of natural gas supply, guaranteed by the Federal Government and delivered by the state-owned company Petróleo Brasileiro S.A. – PETROBRAS.
However, in 2018, before the completion of the twenty-year period, PETROBRAS, for commercial reasons, decided to abruptly interrupt the supply of fuel, leading to the plant’s shutdown. Due to the large size of the power plant and because of the competitive price of the energy it produces, its shutdown harmed the whole Northeast region of Brazil. On 25.10.2018, the First Region Federal Court of Appeals ruled in favour of CGTF, the client, in order to determine PETROBRAS to re-establish the natural gas supply. This highlight represented a tariff impact for users of over R$ 1.000.000.000,00 in only one year.
Associação Brasileira dos Produtores Independ- entes de Energia Elétrica (APINE)
Through unilateral acts, the Government changed the factual and legal conditions based on which APINE associates, represented by the firm, have made hydroelectric generation investment decisions. Hydroelectric power companies, which cannot control the amount of power they produce, have seen the Government’s decision to prioritise thermoelectric sources, which were only supposed to be activated as an emergency resource. APINE associates thus suffered heavy losses due to the reduced generation. In this scenario, a lawsuit was filed with the objective of safeguarding the economic-financial balance of the contract with the companies.
In short, it is argued that the law does not cover the frustration and the companies suffering losses have the right to economic and financial contractual rebalancing.
On May 4th 2018, it was reestablished the preliminary injunction originally granted in favour of APINE’s associates.
Brookfield holds the concession of the Itiquira Hydroelectric Power Plant, which has four power generating units. As a result of a single accident, the generation structure of the four units was damaged. The Regulatory Agency, even acknowledging the existence of the accident, did not modify the operational situation of two generating units, which caused great financial loss to Brookfield. In this scenario, a lawsuit was filed against the Regulatory Agency in order to recognise the change in the operational situation of all generating units. On April 13th 2018, preliminary injunction was issued by the Federal Court determining the alteration in the operational
English, Portuguese, Spanish.
Among its prominent clients are Brookfield Renewable, Engie, China Three Gorges – CTG –Brazil, APINE, ABRACE, ABIAPE, ABRACEEL, ABRAGEL.