Due to the increasing complexity of legal relations with the State and the growing participation of companies in public services, Figueiredo&Velloso identified the need to make corporate goals compatible with the rules and principles governing Public Administration, choosing to diversify its performance to serve its business clientele, which, in some way, was related to the Public Power.
The office team has extensive experience in serving clients with major projects nationwide, especially in the sectors of infrastructure, information and communication technology, including with accreditation to state-owned companies in contracts that took place for notorious legal knowledge.
The performance of the firm seeks to involve different structures of the State in order to better perceive the interaction between the public interest and the business activities carried out by its clientele and, thus, optimize efforts and obtain effective results.
The practice is organized into three verticals that have their particularities, but are interconnected by the common objectives of improving the functioning of the public machinery and making the country’s growth and development viable:
REGULATION
Regulation plays an important role in reconciling public and private demands in overcoming market / logistical / economic-social challenges and, given the level of complexity of the issues, in addition to adequate technical knowledge, a strategic vision is required for the development of innovative solutions.
The firm offers integrated services and legal advice with a multidisciplinary approach and successful experience in intermediating the dialogue between the public and private sectors, relating to:
- Normative consultancy:
- Elaboration of legal opinions;
- Modeling of projects;
- Legal and administrative representation before regulatory agencies and other regulators;
- Representation before the Judiciary whenever appropriate / necessary.
CONTRACTS AND BIDDINGS
Even for companies that do not have public contracts as their main focus, these continue to be valid opportunities for growth or diversification, since demands are recurrent and can reach significant scales.
However, contracting with the Administration requires a series of precautions from the moment of planning the commercial proposal until the conclusion of the contract, so that the benefits initially projected do not become future losses.
The way the firm views its contribution to the improvement of business activity in this area, involves the following services:
- Performance in terms of preparatory acts for the competitions, from the contractual management of the projects until their conclusion;
- Support and representation in any litigation arising from the contractual relationship, either before the Administration or the Judiciary;
- Consultancy on concession, permission, assignment and use contracts, service provision, supply, among others.
CONTROL AT HEADQUARTERS OF PUBLIC CONTRACTING AND ANTI-CORRUPTION LAW
The office team has experienced professionals working with the control entities – Internal Controls, General Controlling Offices, Courts of Accounts, National Congress – notably in dealing with matters involving managers and / or companies in matters in which eventual injuries to the Treasury.
With the growing understanding by the State of the complexity of contractual relations and the volatility of the country’s economy, in addition to the recognition of possible structural deficiencies in the different public entities spread by the federation’s states, Figueiredo&Velloso has increasingly sought to interact with the control entities in order to have them participate, in a more efficient way, in the improvement of the public machinery, including in a preventive manner and in the context of negotiations that enable the maintenance of business activities, providing the following services:
- Support and representation in eventual litigations initiated within the scope of the control entities: Procedures for Accounts, Representations and, also, PARs that are backed by the Anti-Corruption Law;
- Preventive advice for mitigating risks and liabilities and adopting measures for eventual asset recoveries;
- Negotiations based on leniency or simply on agreements that fall within the powers of each control entity.
