BASIC SANITATION

Souto Correa has a specialized team in issues involving basic sanitation, formed by professionals with vast experience in matters related to regulatory, administrative, environmental, corporate and contractual law. The team of professionals provides interdisciplinary advice on both advisory and litigation aspects matters involving the four axes related to water supply services, sanitary sewer, urban drainage, urban cleaning and solid waste management.

 

Water Supply and Sewage Services Oportunities in Brazil.

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Recent representations

Advisory:

– Advisory to private companies in the participation of bidding process for the provision of sanitation services through PPPs and other models in several regions of the country;

– Advisory in legal aspects related to the elaboration of a state basic sanitation plan;

– Training to professionals acting in the sanitation area;

– Advisory to the civil construction union entity on issues related to the regulation of the approval of sanitary sewage projects before the state concessionaire and in the environmental licensing of the activities;

– Advisory in the structuring of projects in the sanitation area, involving matters such as water reuse, land parcel, water and sewage treatment, management of urban and industrial solid waste;

– Legal advice for investment fund managers in the elaboration of a proposal for a Brazilian publicly held company, controller of several basic sanitation concessions for participation in public bids; acquisition of a percentage of specific purpose societies holders of water and sanitary sewer concessions;

– Legal advice for investment fund managers to undertake joint investments with a Brazilian publicly held company that controls several basic sanitation concessions, through public or private offer, in another Brazilian publicly held company that also controls several basic sanitation concessions; and

Legal advice to private company in the corporate, contractual, administrative and regulatory areas in the formation of the consortium for participation in bids and in the qualification of the consortium member.

 

Litigation:

– Defense of clients in litigation of private companies against sanitation companies in matters such as dispute between shareholders regarding the control of the companies;

– Defense of private companies in public-interest civil action, civil investigations and proceedings before the Accounting Court discussing possible environmental and regulatory irregularities in the model of providing water and sewage treatment services in important capital of the country;

– Acting in arbitration representing a Brazilian subsidiary of a multinational company in a dispute related to the construction of an effluent treatment system for the steelmaker industry;

– Acting in arbitration on behalf of a Brazilian subsidiary of an American food company in a post-M&A dispute discussing the acquisition of an industrial plant and the violation of representations and warranties for irregularities involving effluents; and

– Representing private companies in the sanitation area, in several states, for discussion of thesis involving ICMS tax (VAT) rate selectivity, among other tax issues, including enforcement and tax inspection related to Income Tax and Social Contribution on Net Profits (CSL).