The National Council of Fiscal Policy - CONFAZ, aiming to facilitate the regularization of taxpayers' tax debts, has authorized the implementation of a program for the settlement and installment payment of ICMS debts in the State of Rio Grande do Sul, whether or not they are registered as outstanding debt, assessed, or subject to legal proceedings. The program provides for a […]
CPDMA BLOG
Category: Articles
Date: June 10, 2022
Posted by: CPDMA Team
Bidding law and the use of Dispute Boards
In large-scale contracts, complexity, amounts involved, and time are common causes of conflict between the parties. An effective option to help prevent and resolve these disputes is called a dispute board. This method, unlike mediation, arbitration and conciliation, consists of creating a council of technicians, appointed by both parties, who have the obligation to monitor the execution of the contracted service and issue opinions and opinions, which may be binding. Thus, the dispute board acts before the existence of a conflict, and allows the parties to be able to agree eventual contractual changes with lower costs and in a faster way.
In this sense, public sector bids are conducive to the use of dispute boards in the prevention and resolution of possible obstacles that may impair the performance of the contract. Although this type of method has already been used in previous projects, such as the construction of Line 4 (Yellow) of the São Paulo subway, the contracts signed for the renovation of the stadiums for the 2014 World Cup, the international contracts related to the 2016 Olympic and Paralympic Games, the public-private partnership of Rodovia MG-050 and the contracts for the northern section of the Rodoanel de São Paulo, there was no provision in law.
Now, Law 14.133/21 brought, in its article 151, the use of this type of method for application in public administration contracts. In this regard, the provision of the sole paragraph of this article is highlighted, which limits the application of dispute boards to disputes involving available property rights, specifically arising from possible breach of contract. Therefore, access to the judiciary for other disputes is protected.
Reference: Legal Consultant - Rodrigues and Varela
By: Álvaro Scarpellini Campos
CPDMA Team - Civil
Recent posts
RS authorized to implement ICMS settlement and installment payment with reduction of interest and fines
Atenção às tentativas de golpes utilizando o nome Cesar Peres Dullac Müller Advogados
Read more
Reiteramos nosso compromisso contínuo em oferecer serviços jurídicos com excelência e segurança. Diante disso, alertamos sobre uma situação delicada que tem ocorrido no setor jurídico: recentemente, tomamos conhecimento de tentativas de golpes direcionadas a clientes de escritórios de advocacia. Gostaríamos de tranquilizá-los, assegurando que todas as suas informações processuais e pessoais permanecem integralmente protegidas. Esses […]
The STJ decides that stock options (option to purchase shares or quotas) cannot be seized.
Read more
On November 5th, the 3rd Panel of the Superior Court of Justice ruled, through the judgment of REsp 1841466[1], under the rapporteurship of Minister Ricardo Villas Bôas Cueva, on the impossibility of seizing stock options. The case focused on the possibility of a third party exercising the right to purchase shares in […]
Governance in family businesses: essential structures and instruments
Read more
Corporate governance in family businesses has been gaining increasing relevance in the Brazilian business landscape, where approximately 90% of companies are family-controlled. The lack of adequate planning for business succession and the difficulty in maintaining harmony in family relationships often lead to the company’s failure […]
Resolution No. 586/2024 of the CNJ and the Future of Agreements in Labor Justice
Read more
On 09/30/2024, the National Council of Justice (CNJ) unanimously approved Resolution No. 586 through Normative Act 0005870-16.2024.2.00.0000, which regulates the agreement between employee and employer in the termination of the employment contract, through approval by the Labor Justice system, with full settlement of the contract. In other words, […]
The Legitimacy of Associations and Foundations to Request Judicial Reorganization and the New Stance of the STJ.
Read more
At the beginning of October, the 3rd Panel of the STJ, by majority vote, issued a decision in four special appeals (REsp 2.026.250, REsp 2.036.410, REsp 2.038.048, and REsp 2.155.284), ruling against the active legitimacy of nonprofit foundations to request Judicial Reorganization. This unprecedented decision appears, at first glance, […]
English 
Português do Brasil 
Español