12.11

The House of Representatives approves the legislative bill draft that stablishes the New Sanitation Regulatory Mark

The House of Representatives approved, on 12.11.2019 five amendments that constitute the legislative bill draft for the New Sanitation Regulatory Mark, the Bill No. 4.162/2019 proposed by the Executive Power. The proposal aims is to modify the current Sanitation Regulatory Mark, the Bill No. 3.261/2019, stablishing goals in order to universalize the water delivery service and sewer service to the population that still lacks of treated sewage. In this sense, the proposal will open space for the entrance of private companies on the sector, which it is mostly operate by the State. Access to the news here.

TELECOMMUNICATION – Regulation  

 12.16
Department of Institutional Governance – Ordinance No. 130/2019:approves Ordinance in order to discipline the application of FUNTTEL resources, on the refunded modality, in decentralizes operations, performed by Financial Agents from FUNTTEL, BNDS and Finep, through Decentralized Financial Agents.

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1.11

Infrastructure Ministry – Ordinance No. 3.220/2019 – ratified by the Ordinance No. 3.221/2019

Stablishes minimum procedures to be observed for use and supervision of registration and storage of informatic systems, related to flights and technical situation of aircrafts considering the electronic logbook (eDB in Portuguese).

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Infrastructure Ministry – Ordinance No. 3.371/2019

Approves the Supplementary Instruction No. 119-004, Review F (IS No. 119-004F), named “Process of Certification of Air Transport Companies Ruled by RBAC No. 135”. The Instruction is available on the Personal and Service Report Card (BPS in Portuguese) here.

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ANTT- Highway concession BR-153/080/414/GO/TO Public Consultation

The concession is related to the highway which is the main connection between Brazil’s north-middle region (Tocantins, Maranhão, Pará and Amapá federal States) and Brazil’s south-middle region, which comprehends the total of 850,7km compounded by the BR-153/TO/GO Highway and BR-414/GO Highway. The concession’s period is 30 years and its operation consist in exploration of the infrastructure and the public service provision of revitalization, conservation, maintenance, operation, improvement, and expansion of capacity. Currently, the project is on the study elaboration phase.

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4.11

Infrastructure Ministry – Deliberation No. 176/2019

Restores the effectiveness of the articles 1 to 10 of COTRAN’s Ordinance No. 231, among others connected Ordinances, stablishing that until 1/31/2020, it’s going to be possible to plate the vehicles as the same pattern disciplined by the Ordinance No. 231/2007 on the federative unities that still didn’t adhere to the vehicle identification plate model (PIV in Portuguese) from COTRANS’s Ordinance No. 780/2019.

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5.11

Provisional measure No. 902/2019

Stablishes the final term for the exclusivity of National Mint to produce paper money, metal coins, passport booklets, printed postage and federal fiscal stamps and fiscal control over cigarettes manufacturing.

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ANTT’s Deliberation No. 985/2019

Ratifies the Railway Cost Reference System (SICFER in Portuguese) as the official ANTT’s railway cost reference system, to be observed on the analysis and studies of railway investment projects.

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6.11

Office of the President – Decree No. 10.100/2019

Modifies the Decree No. 6.144/2007, which regulates qualification to the Special Incentives Regime for the Infrastructure Development (REIDI in Portuguese), instituted by the articles 1 to 5 form the Statute No. 11.488/2007.

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7.11

ANAC – Ordinance No. 533/2019

Regulates the procedures and calculation methodology of value compensation related to investments in reversible property non amortized in case of early resolution of concession contract by re-bidding, forfeiture or bankruptcy.

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ANTT- Concession No. 2/2019 Public Notice – Highway BR-101 concession

ANTT published the Public Notice for concession by international competition modality, which aims to provide public service of revitalization, operation, maintenance, monitoring, conservation and improvement of the BR-101/SC highway, which comprehends the 220km path between Paulo Lopes/SC and São João do Sul/SC municipalities. The contract period is 30 years. The auction will be held on 2/21/2020, 10 a.m., at B3 S.A (Brasil, Bolsa Balcão), located in November XV Via, No. 275, São Paulo/SP. The envelopes holding the written economic proposals and the qualified documents must be sent together with the warranty’s proposal, at B3 S.A. (Brasil, Bolsa, Balcão), from 9 a.m. until 12:00 on 2/17/2020.

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São Paulo – Public Notice No. 9/SGM-SMUTUR/2019

São Paulo’s municipality published public notice which aims to hire people interested in the renovation, management, maintenance and operation of Interlago’s Complex, located on São Paulo Municipality. The contract period 35 years. The public session will occur in 1/8/2020, from 10 a.m. until 11 a.m., at Chá’s Viaduct, No. 6, 6^th floor, at SECOM’s conference room.

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8.11

Infrastructure Ministry – Ordinance No. 3.263/2019

Publishes the ANAC’s follow-up record of the Performance Improvement Program, concerned to the term between 6/2 and 9/2, according to the annex of this Ordinance.

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11.11

State Secretary for the Urban and Housing Development – Decree No. 40.254/2019

Disposes about procedures applied to urban landholding regularization cases (Reurb in Portuguese) on the Federal District.

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Infrastructure Ministry – Ordinance 577/2019

Disciplines the celebration, prorogation, renewal and the advance of commercial exploration contracts, which involve the use of spaces on the airport complex of airports included on the Nacional Privatization Program (PND in Portuguese) or qualified to the Partnership and Investments Program (PPI in Portuguese).

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13.11

Infrastructure Ministry – Ordinance No. 5.857/2019

Regulates the tax regularity confirmation of concessionaries that explore the public federal highway infrastructure service and concessionaries that explore the passengers and load public railway transport service, regulated by ANTT.

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Infrastructure Ministry – Ordinance No. 5.858/2019

Restore the effectiveness of the Ordinance No. 5.849/2019, with modifications of the article 3, stablishing general dispositions, methodology and coefficients for the minimum base load, referred to each kilometer drove during the load transportation service to each loaded shaft, instituted by the Nacional Minimum Base Load Transportation Policy (PNPM-TRC in Portuguese), revoking the Ordinance No. 5.820/2018.

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14.11

Infrastructure Ministry – Ordinance No. 3.506/2019

Stablishes procedures for statistics’ data delivery of foreign public air transport companies, regular and non-regular, operating in Brazil, excepting air taxis.

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Infrastructure Ministry – Ordinance No. 3.507/2019

Stablishes procedures to provide public regular and non-regular air transportation statistic’s data of foreigners’ companies that operate in Brazil.

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19.11

Statute No. 13.903/2019

Authorizes the creation of new federal company for air navigation service, NAV Brasil Serviços de Navrgação Aérea S/A, from the partial Infraero’s spin-off. In this sense, Infraero will be responsible for airport infrastructure management, while NAV Brasil will manage and explore the industry and commerce of the air force infrastructure for air navigation services.

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Provisional Measure – Ordinance No. 906/2019

Modifies the Statute No. 12.587/2012, which institutes the guidelines of the Nacional Urban Mobility Policy.

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25.11

Infrastructure Ministry – Ordinance nº 396/2019

Institutes the Environmental Performance Rate (IDA in Portuguese) and its calculation methodology in order to evaluate and stimulate a good socioenvironmental behavior related to concessions of federal highways.

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26.11

Decree No.  10.132/2019

Modifies the Statute No. 7.983/2013, which stablishes rules and criteria in order to elaborate a budget reference to engineers’ work and services hired and executed with Federal resources.

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Statute No. 13.913/2019

Modifies the Statute No. 6.766/1979 in order to ensure the right to stay of buildings located on non-buildable areas adjacent to public domain highways areas, objecting reduce the extension of these non-buildable areas as by the district and municipal Law.

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28.11

ANTT’s Deliberation No. 1.015/2019

ANTT’s Board of Directors confirmed the Technical and Juridical Viability of the requirements for re-bidding the concession of the BR-040/DF/GO/MG highway, related to the concession contract from the public notice No. 6/2013, presented by the highway’s BR 040 S/A – VIA 040 Concessionary.

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29.11

Ordinance No. 7.405/2019

ANAC’s Managing Director authorized public consultation and public hearings, in order to obtain subsidies to improve technical and juridical documents necessary to the bidding process of the port’s terminal leasing dedicated to mineral bulks’ handling and storage, located on Aratu/BA Port, known as ATU12.

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6.11

Decree No. 10.101/2019

Qualifies federal radio communication enterprises among public security organs on President Partnership and Investments Program.

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Decree No.10.103/2019

Qualifies the promotion policy to the public illumination sector on the scope of the President Partnership and Investments Program.

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Decree No. 10.106/2019

Qualifies the promotion policy to state prison systems on the scope of the President Partnership and Investments Program.

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19.11

Decree No. 117/2019

Qualifies the enlargement capacity of project in order to recover energy from urban solid waste on the scope of the President’s Partnership and Investments Program.

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29.11

Decree No. 10.135/2019

Modifies the Decree No. 9.271/2018, which regulates the grant for the energy concession contract associated to the privatization of the concessionary holder of the energy generation service, as by the Statute No. 9.074/1995.

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Decree No. 10.138/2019

Disposes about the quality of federal port and highway ventures, on the scope of the President’s Partnership and Investment Program. On the Port sector, consists the: ATU 12 Terminal and STS 14 and STS14A Terminals. On the Highway sector, consists the: Federal Highway stretch BR-158/MT, held between Mato Grosso’s border State and Pará’s border State and the City Ribeirão Castanheira, located on Mato Grosso’s State; Sector A, north stretch, between the kilometer 0 and 213,5 (held between the Mato Grosso’s border State and Pará’s Border State, related to the MT- 433 Highway’s junction); Section B, stretch between the kilometer 213,51 and 327,99 (outline of indigenous land reserve Marãiwatsédé ); and section C, south stretch, between the kilometer 328 and 417,8 (held between the cities Ribeirão Cascalheira and Alô Brasil, on Mato Grosso’s State).

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2.12

Decree No. 10.417/2019

Disposes about qualification of conservation unities on the President’s Partnership and Investments Program scope in order to include on the National Privatization Program. The conservation unities are: the Lençóis Maranhenses’ Nacional Park, on Maranhão’s State; Jericoacoara’s Nacional Park, on Ceará’s State; and Iguaçu’s Nacinal Park, on Paraná’s State.

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ANTT approves studies about the subconcession of FIOL

ANTT approved the plan, technical studies and juridical documents that discipline the conditions to allow the Integration West-East Railway (Fiol) subconcession.

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Infrastructure Ministry presents the Europe concession Plan

The Infrastructure’s Ministry Tarcísio Gomes de Freitas visited London, Hamburg and Berlin this last Monday, on 11/25/2019, in order to participate on meetings and lectures, aiming to evidence the Brazilian concession plan and to lure foreigners’ investments to port, railways, airports, highways auctions.

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PPI’s council qualifies five new infrastructure projects

On 11/19/2019, it was approved by PPI’s (Partnership and Investments Project) council five new transport infrastructure projects, which are the newest national priority. There are the leasing of the liquid bulk terminal of the Santo’s Port (SP) – STS08; the maritime passengers terminal of Fortaleza/Mucuripe (CE); leasing of the general load handling terminal from Paranaguá (PR) – PAR32; viability studies to the concession of the BR-158/155/MT/PA highway (ribeirão – Castanheira – Marabá); and environmental bidding support of the federal highway BR 135/MG .

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SEMOB-DF receive the Metro concession studies

The Transport and Mobility Secretary (Semob in Portuguese) received until 10/29/2019 studies for the concession of management, operation, maintenance and eventual expansion of metro service from the Federal District. Among the eleven authorized companies, six delivered the studies, which were: CCR AS; América Assessoria Empresarial Ltda; RNGD – Consultoria de Negócios/Benvenuto Engenharia S/S Ltda; Urbi Mobilidade Urbana/ Companhia do Metropolitano de São Paulo – Metrô; and Siscon Engenharia e Consultoria/STE – Serviços Técnicos de Engenharia S.A.

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SEMOB-DF publishes the results of the call for the interest demonstration in Zona Verde

It was published on 11/20/2019 the result of the studies evaluation from the Transport and Mobility Secretary (Semob in Portuguese) delivered for future rotative and paid parking lot bidding on the Federal District, known as Green Zone (Zona Verde). The Company Rizzo Parking and Mobility S/A was selected after the Semob’s technical commission analyses, so now it will adjust its project. The next step will be the study presentation on public audience for future users, potential bidders and other for who it may concern.

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São Paulo – new date rescheduled for the bidding of the Zona Azul concession

São Paulo’s City Hall rescheduled for the 12/10 the opening of the bidding envelopes for concession of parking services in public routs and addresses in São Paulo, known as Zona Azul. The new term for the proposal delivery was defined after the Municipal Accounts Court (TCM in Portuguese) deliberation on the bidding.

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TCU – CASE LAW REPORT CARD 287/2019.  DECISION 2512/2019. FULL SESSION. BIDDING. ENGINERRING WORKS AND SERVICES. ESTIAMTED BILL. MEDIATION. LOCAL ADMINISTRATION (PUBLIC WORKS). 

The public notice for public works bid must foresee the mediation criteria to the local administration, with proportional payment to the financial execution of the work, abstaining from the monthly payment of its cost.

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TCU – CASE LAW REPORT CARD 289/2019.  DECISION 2638/2019. FULL SESSION. RESPONSIBILITY. CREDIBILITY STATEMENT. NON BIS IN IDEM PRINCIPLE. CGU. DEFAULT. FRAUD. COMPETENCY.

It is not configured violation of the non bis in idem principle the TCU’s disreputable statement for bidding with the Federal Administration (article 46 from the Statute No. 8.443/1992) companies that are declared disreputable by the CGU for bid and hire with the Public Administration (article 87, section IV from the Statute No. 8.666/1993), because the penalty, despite of the its administrative nature, has different factual fundaments and different competency. The administrative penalty applied by the CGU is referred to the contract default, while the credibly statement, which is competent to TCU, arise from fraud on the bidding process.

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TCU – CASE LAW REPORT CARD 289/2019.  DECISION 2619/2019. FULL SESSION. RESPONSIBILITY. ADMINISTRATIVE CONTRACT. ADDITIVE. REQUIREMENT. JUSTIFIED. OPINION. FORWARD NATURE.

The modification of the bided project must be preceded by administrative procedure in which can justified the modifications taken as necessary, that must be grounded in relevant opinions and technical studies.

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ANTAQ’s PH No. 14/2019

Theme: Collects contributions in order to improve proposal for modify the Ordinance No. 18-ANTAQ, which disposes about rights and duties of users, mediator agents and companies that operate with Maritime Support Navigation, Port Support, cabotage and Longo Curso.

Contribuitions: Until 11:59 p.m. from 1/2/2020, exclusively by electronic formulary available on ANTAQ’s website.

ANAC’s PS for Theme No. 22

Theme: Receives subsidies about the theme No. 22 from ANAC’s 2019 Regulatory Agenda, which aims to discuss and to propose a new regulation model for storage and duty for imported and exported loan, in order to replace the current regulation.

Contribuitions: Until 12/5/2019, by the e-mail: consultagere@anac.gov.br.

ANAC’s PS – the future for unmanned aircrafts in Brazil

Theme: Receives contributions that may be used to improve and to update the regulation applied for unmanned aircrafts, considering ANAC’s Brazilian Regulation of Special Civil Aviation No. 94 (RBAC-E No. 94).

Contribuitions: Until 2/5/2020, by electronic formulary available on ANAC’s website.

São Paulo’s City Hall PH

Theme: Collects contributions to improve the documents of public competition for requalification, operation, maintenance, conservation of 4 existing rainwater tanks and the construction, operation, maintenance, conservation of 5 planned rainwater tanks in São Paulo.

Contribuitions: Until 12/11/2019, from Monday to Friday, from 8 a.m. to 6 p.m., by the e-mail consultapiscinoes@prefeitura.sp.gov.br, or personally, by registering on the Privatization and Partnership Executive Secretary, on the address Viaduto do Chá, No. 15, 11^th floor, São Paulo’s Centre.

Rio Grande do Sul’s PH No. 8/2019

Theme: Collects suggestions to deal with the methodology of the readjustments of intercity long course passengers transportation.

Contribuitions: Until 12/16/2019, by the e-mail consulta-publica8_2019@agergs.rs.gov.br, personally, by registering on the Agency’s Registration Office, from Monday to Friday, from 9 a.m. to 5 p.m., at the address Borges de Medeiros Avenue, No. 659, 11th floor.

ANTAQ’s PH No. 15/2019

Theme: Collects contributions to improve the modification proposal of ANTAQ’s Normative Resolution No. 5, which stablishes criteria and procedures to grant authorization to legal entities, constituted by the Brazilian law terms, with head office and administration office located at Brazil, which aims to operate with maritime support navigation, port support, cabotage or long course.

Contribuitions: Until 23:59 p.m. from 1/22/2019, exclusively by electronic formulary available on ANTAQ’s website.

ANTT’s PR No. 7/2019

Theme: Collected contributions and additional information about the review of the regulation of interstate and international common service of passengers’ highway transportation, delivered in charter regime.

Contribuitions: Contributions happened until 11/14/20119.

Federal District – PH of STPCR

Theme: Public Hearing held in order to present the bidding public notice for the entities with permission to delivery complementary public rural transportation (STPCR in Portuguese) from Federal District.

Contribuitions: Contributions happened until 11/20/2019.