Articles Archives | Giamundo Advogados

Working on public holidays: what changed with Ordinance No. 3,665/2023 as of March 1, 2026

Ordinance No. 3,665/2023 came into force on March 1, 2026, significantly changing the rules on working on public holidays for several economic sectors.

STF ruling on Binding Precedent Topic No. 1,370 – Salary guarantee for women on leave due to domestic violence

The decision issued by the Federal Supreme Court (STF) in Extraordinary Appeal No. 1,520,468 (Topic 1,370 of general repercussion) established a binding understanding on the mandatory economic protection of all

Federal Supreme Court (STF) redefines the collection of the assistance contribution: what changes?

Since 2023, in its ruling on Topic 935, the STF has recognized the constitutionality of collecting the assistance contribution, including from non-union members, provided that the employee’s right to object

Detailed budgets in integrated contracting

In recent years, the Federal Court of Auditors (TCU) has repeatedly held that, even in integrated contracting, the Administration must have a detailed cost estimate.

Modernization of Meal and Food Voucher benefits

On November 11, 2025, President Lula signed Decree No. 12,712/2025 on the PAT (Worker’s Food Program), with the aim of modernizing the program and ensuring greater usability and transparency of

Moral damages in employment relationships: how to avoid convictions through preventive practices

Moral damages in employment relationships have been the subject of constant debate in the Labor Courts.

New regulation strengthens compliance in public procurement

Decree 12,304 of 2024 is an important step toward greater transparency, but raises doubts about the real capacity for implementation The author argues that investing in compliance is not just

Pará sanitation auction attracts four groups, but one block receives no bids

By Taís Hirata The state, which will host COP30 this year, has sewage coverage rates between 0 and 12% in the four blocks offered in the tender The auction of

The impact of STJ Topic 1,257 on the debate over the application of procedural rules

By Gabriela Soeltl Repetitive Appeal Topic 1,257 of the Superior Court of Justice (STJ), decided on February 13, 2025, established that the amendments made by Law No. 14,230/2021 to the

Extending concession and PPP contracts for economic and financial rebalancing

By Daniel Stein and Juliana Santos Pinto Coelho Extending the term of concessions and PPPs can ensure financial balance, even without provision in the tender notice, but faces legal and

Highlights of the bill to reform the Administrative Procedure Law

In addition to innovations such as those seeking to regulate the use of artificial intelligence in electronic administrative proceedings [1], to give consequences to administrative silence, to set deadlines for

Oversight of the terms of reference in tender notices by the Courts of Auditors

One of the main purposes of the Public Procurement and Administrative Contracts Law (Law 14,133/21) is to promote planning, equal treatment and efficiency in spending public funds on administrative contracts,

Sabesp’s tenders and contracts in light of its change of control

Sabesp’s change of control raises a number of legal questions that will be resolved over time, mainly due to the change in its legal regime, with the transition from the

Rota da Celulose suffered from risks and a wave of auctions

The lack of bids in the auction for the Rota da Celulose highway concession in Mato Grosso do Sul is the result of a context of many tenders in the

Municipal property tax (IPTU) on federal public properties under concession

In early November 2024, the Office of the Attorney General (AGU) released an opinion prepared by its Chamber for Promoting Legal Certainty in the Business Environment on the levying of

Late payment by the Public Administration and the right to terminate the public contract

Default or late payment by the Public Administration under administrative contracts is a reality and an issue of great importance for private contractors, as it reflects the balance of the

Find out which sanitation projects will be tendered in 2025; see the list

In 2025, sanitation companies are expected to compete for 23 projects. The auctions will be municipal and regional in scope, with estimated investments of BRL 72.4 billion. The survey is

Resilient infrastructure and green finance: priorities for COP29

COP29 is an excellent opportunity to discuss the role of multilateral organizations in providing instruments that reduce country risk and encourage private capital to invest in emerging countries. In Brazil,

The required proof of actual loss under the new wording of the Administrative Misconduct Law

The amendment introduced by Law 14,230/21 brought significant innovations to the legal regime of administrative misconduct in Brazil, changing several aspects of Law 8,429/92, known as the LIA – Administrative

Is it time for a legal regime for partnerships with the State?

Giuseppe Giamundo and Fernanda Leoni In recent years, the Brazilian State has signaled a search for greater efficiency in public management through cooperation with the private sector. Models such as

Statutory and contractual default interest following the amendments of Law 14,905/2024

Every day, individuals and companies enter into private contracts to establish the conditions for the provision of services or the supply of goods, as well as the price to be

The TCU’s use of equity when ordering repayment of damages

The Federal Court of Auditors (TCU) has introduced a new methodology for calculating and imposing repayment obligations in its audits: the use of equity, especially in large cases, as a

Economic and financial balance of administrative contracts and the tax reform: impacts, regulation and future prospects

At the end of 2023, the National Congress approved Constitutional Amendment 132/23, which laid the foundations of tax reform in Brazil. The aim of the reform is to simplify the

The TCU and the protection of competition

Debates on creating a body to oversee and control public finances in Brazil date back to the imperial era, with the first proposals for institutionalizing such an entity appearing as

Accidents involving domestic animals on concession highways: who is liable for the damage?

“Highway concessionaires are liable, regardless of fault, for damage resulting from accidents caused by the presence of domestic animals on the roadway, applying the rules of the Consumer Protection Code

Artificial intelligence: the new guardian of corporate ethics?

Artificial intelligence (AI) is taking on increasingly surprising proportions. One example is the initiative of Chinese company NetDragon, which appointed an AI named Tang Yu as its chief executive.

Subcontracting under the State-Owned Companies Law

Subcontracting in administrative contracts has always been a controversial matter, since it involves delegating to a third party outside the main relationship the performance of part of the object of

Brief considerations on provisional and final acceptance in administrative contracts

Regarding the completion of administrative contracts, Law No. 8,666/93 established two distinct moments for the Public Administration to accept the contracted object, separating them into provisional and final acceptance, as

The preference margin in public procurement

Under Decree 11,890 of 2024, article 2, I, subparagraph “a”, the preference margin is the price differential between domestic manufactured goods and services and foreign manufactured goods and services, which

Unfeasible prices under the new procurement law and the TCU’s position on the issue

Since January 2024, new public procurement processes in Brazil have been governed exclusively by the new procurement and contracts law (Law 14,133/21). Naturally, the implementation of this new law raised

New drug research law: opportunities and legal certainty

We have every attribute needed to become one of the world’s leaders in the development of new drugs By Joaquim Augusto Melo de Queiroz and Silvio Borges dos Santos Fachim

Review of leniency agreements: excluding amounts owed to privatized companies

The recent debate on the actual results of Operation Car Wash — which turned ten this year — and the conclusion that many of the agreements and investigations carried out

Smart cities and climate change: the importance of urban drainage in building a resilient future

The concept of smart cities and urban transformation have redefined the view of sanitation in Brazil. The old idea that “buried works don’t win votes”, reflecting political hesitation to invest

High voltage at the Federal Court of Auditors

by Giuseppe Giamundo Neto and Joaquim de Queiroz The TCU’s leading role on extremely important issues for the electricity sector is harmful and goes beyond its institutional sphere of action

Integrated contracting and limitation of liability for errors in the preliminary engineering design

Introduced under the differentiated procurement regime of Federal Law No. 12,462/2011 and incorporated into the new Procurement Law (Federal Law No. 14,133/2021), integrated contracting is a form of indirect execution

Asset freezes in administrative misconduct actions: the rule introduced by Law 14,230/21

Since the misconduct law seeks to protect the public treasury and public assets, with the aim of prosecuting and convicting those who have caused damage to the administration, become unjustly

Controversial aspects of the TCU’s disregard of legal personality

The Federal Court of Auditors, as a sui generis body in our legal system, derives its powers directly from the constitutional text, which means recognizing a broad range of powers,

Integrated and semi-integrated contracting regimes under the new procurement law

The new procurement law (Law 14,133/21), despite retaining many of the provisions and procedures of the former law (Law 8,666/93), incorporated a series of mechanisms found in specific public procurement

Infrastructure debentures: investment opportunities

By Arnaldo Jardim and Joaquim Augusto Melo de Queiroz 2024 began with auspicious news for the infrastructure sector. On January 9, Law 14,801/2024 was published, establishing a new type of

Collective mediation and the provision of public services

By Giuseppe Giamundo Neto and Fernanda Leoni Although without much detail, Federal Law No. 13,140/2016, which deals with mediation as an alternative dispute resolution method, provided in the sole paragraph

How does AI help in public procurement?

The use of AI effectively helps automate tasks, such as analyzing and overseeing administrative contracts, making public servants’ time management more productive.

Challenges and opportunities in ‘social PPPs’

Designed as large-scale contracts, public-private partnerships (PPPs) are often associated with more complex contracts, given that Federal Law 11,079/2004, which governs the matter, sets quite strict requirements for their characterization,

In defense of harmonizing administrative sanctions

By Giuseppe Giamundo Neto and Fernanda Leoni With the institutional strengthening brought about by the current Federal Constitution and the systematic focus on the fight against corruption, the sanctioning system

What are sanction-substituting agreements in public procurement?

By Roberta Cardoso dos Santos The contract is an appropriate space for consensual practices, and the use of sanction-substituting agreements should be seen as a collaborative instrument for the sound

How does the TCU analyze business opportunity partnerships of state-owned companies?

Although it can no longer be seen as a novelty in our system, the possibility and requirements of direct contracting by state-owned companies based on business opportunities are still subjects

Article: Hydrogen, offshore wind and ports

The International Energy Agency report warns of the need to expand investment in infrastructure for storing and transporting renewable hydrogen by Giuseppe Giamundo Neto and Joaquim Augusto Melo de Queiroz

Improper hierarchical administrative appeal

by Roberta Cardoso dos Santos In view of this, the concept of administrative appeal in legal scholarship was first analyzed, exploring its different modalities, since it is essential to understand

Production of technical evidence before the courts of accounts

Often technical in nature, oversight proceedings conducted by the courts of accounts are marked by their own language and by aspects that go beyond mere legal subsumption. As a result,

Expectations and progress regarding tax reform: improvements in consumption taxes and institutional improvement

by Christian Fernandes Rosa On November 7, the Senate Constitution and Justice Committee (CCJ) approved the base text of the tax reform, a significant step towards restructuring taxation in Brazil.

Article: What happens to existing contracts when a state-owned company is privatized?

Giuseppe Giamundo Neto and Fernanda Leoni The debate on the privatization of state-owned companies is very present in Brazilian daily life and, from time to time, gains additional momentum depending

Article: Some notes on regulatory agencies as granting authorities

by Giuseppe Giamundo Neto and Fernanda Leoni In April this year, without much public fanfare, Bill No. 2,263/2023 was introduced in the Federal Senate by Senator Jorge Kajuru, aimed at

Article: Dangerous liaisons: improbity and corruption in the interaction between the health industry and public-sector physicians

by Camillo Giamundo and Joaquim Augusto Melo de Queiroz Introduction The interaction between physicians and the pharmaceutical and health products industry is an undeniable fact. This relationship is grounded in

Good conversation, good business

With the new Procurement Law, there is a promising outlook for greater dialogue between the public administration and companies by Luiz Felipe Graziano and Joaquim Augusto Melo de Queiroz

Challenges and opportunities in the European carbon market

Carbon credits may come to serve as payment for the environmental service provided by conserving forests beyond the legal reserve defined by the Forest Code By Christian Rosa and Bruno

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