Number of partners: 15
Number of other lawyers: 40
Number of trainees: 23
Firm Overview: Manesco was established in 1991 and currently has approximately 40 lawyers, including 15 partners. The firm played a central role during the institutional transformations occurred in Brazil since the 1988 Brazilian Constitution and participated in most major infrastructure projects since the 90’s, offering advice to both public and private players. The firm is specialised in providing 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 to be made 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 advices 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, bringing issues 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 its clients on administrative and judicial procedures related to compliance and improbity claims, and on leniency agreements.
In a continent-sized country going through a development process, public transportation has been receiving considerable investments from both public and private sectors. The firm has provided legal assistance and litigation support for governmental entities, regulatory agencies, highway, railroad and subway concessionaries, and other companies of the sector.
In an area that has undergone important institutional changes in the past few years, the firm has provided legal advice on the draft of the sanitation legislation, and regulation on the design and renegotiation of public contracts. It has also offered litigation services for various players in different areas such as sewerage and waste treatment, 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 include the legal and institutional structuring of the first PPPs in the healthcare sector (Bahia and Belo Horizonte) and in the education sector (Belo Horizonte).
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, with strong engagement in 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 in matters regarding to public legislation, contracts, development of new business opportunities, as well as to procurement with Petrobras – including contract financial balance claims.
This area involves both nonrenewable resources and renewable resources (hydropower, biomass, wind and solar energy). The firm has been considered a reference in this sector because of its strong engagement in the regulatory issues of the sector since its big reforms in the 90’s and 2000’s decades.
Well-planned projects and business must take into consideration 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.