Number of partners: 14
Number of other lawyers: 39
Number of trainees: 29
Firm Overview: Manesco was established in 1991 and currently has approximately 40 lawyers, including 15 partners. The firm played a central role in Brazil’s institutional transformations after the 1988 Brazilian Constitution and has participated in major infrastructure projects since the 1990s. Manseco offers advice to both public and private players, specialising in legal assistance in public and business law.
Main Areas of Practice:
Infrastructure & Project Finance:
The firm has been present in virtually all important infrastructure bids carried out in the country in the last few years by the federal government, states and large cities. It has also participated in the design of large business ventures, whether in the public area (concessions and public-private partnerships) or in the private sector (EPC contracts). It has also helped constantly the government in reviewing different regulatory frameworks so as to enable investments in a modern and safe institutional environment. The firm provides services on the structuring and financing of public infrastructure projects (ports, airports, roads, railroads, sport arenas, public buildings, technological and industrial parks, logistic complexes, street lighting, among others). Manesco also advises companies in government procurement and contracts’ execution.
Arbitration & Litigation:
Conflict resolution is a key issue in private and public relations. The firm has expertise in closing disputes for the main economic national and international actors, through arbitration, mediation or judicial litigation. It must be noted that the use of arbitration clauses is growing increasingly in government contracts. The firm provides services on public civil actions and administrative improbity actions, and on Courts of Auditors procedures, as well as legal assistance on administrative procedures and interaction with public entities (including Regulatory Agencies).
Privatisations, public concessions, PPPs and consortia are a few of the agreements that have become part of the daily life of Brazil’s economy. The firm’s engagement in this institutional modernisation has naturally led it to its participation on the process of setting up new businesses, such as joint ventures, technology transfer, mergers and acquisitions, state-owned company regulations, institutional modernisation, and litigation involving shareholders in corporate conflicts.
Compliance & Corporate Integrity:
Significant progress in building a compliance mindset has been observed since the law 12,846 was enacted, in 2013, and the relevance of compliance in government contracts has reached a point of no return. The firm provides assistance on structuring, implementing and monitoring compliance programs and procedures of corporate integrity. Manesco also supports clients in leniency agreements and in improbity claims.
In a continent-sized country going through a development process, public transportation has been receiving investments from both public and private sectors. The firm provides legal assistance and litigation support for governmental entities, regulatory agencies, public transportation concessionaries, as well as other companies of the sector.
This area has undergone important institutional changes in the past few years. This allowed the firm to provide legal service drafting the sanitation legislation and regulation. We also have experience in structuring and renegotiating public contracts. The firm also offers litigation services for various players in areas such as sewage and waste management, water supply and treatment, river depollution, public cleaning services and waste destination.
Healthcare & Education:
Within the healthcare sector, the federal government, states, and cities have being making a great effort to improve the public healthcare system to encourage private investments in the sector. The government has recently encouraged private investments in the education sector with regards to the public education system both in the construction of new public schools and the improvement of educational public services. Relevant experience in this field includes the legal and institutional structuring of PPPs in the healthcare sector and in the education sector.
Telecommunications & Information Technology:
This sector has taken the lead in the process of institutional changes in Brazil in the 1990’s, and Manesco has had a close connection with the theme since the very beginning of such changes. The firm was engaged in the elaboration of the General Telecommunications Act of 1997 and in the first telecommunications services regulations, including the creation and operation of its regulatory body, ANATEL. Such regulation has become a reference for other areas.
Oil & Gas:
After the discovery of the pre-salt deposits there was a steep increase in the number of both public and private players in the sector. In this context, the firm has provided legal advice on the revaluation of the regulatory framework after the discovery of pre-salt deposits. It has also provided consulting services to several O&G companies regarding public legislation, contracts, development of new business opportunities, as well as to procurement with Petrobras — including contract financial balance claims.
This area involves both non-renewable and renewable resources (hydropower, biomass, wind and solar energy). The firm is considered a reference in this sector for its dedication to regulatory issues since the electric power reforms made in the 1990’s and 2000’s.
Well-planned projects and businesses consider the impacts (and alternatives) of taxation, in order to ensure its economic viability. For that reason, strategic counselling must recognise the impact of taxes regulations to projects and business. The firm provides support for strategic taxing planning for both public and private institutions, as well as assistance on administrative and judicial litigations concerning taxing issues.