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Infrastructure, concessions and PPP lawyer in Brazil
For concessionaires, contractors, consortia and investors who take on long-term contracts and need well-allocated risks from the tender notice onward.
An infrastructure lawyer in Brazil advises concessionaires, contractors and investors on long-term projects: structuring and bidding for concessions and public-private partnerships (Laws 8,987/1995 and 11,079/2004), engineering contracts, licenses, guarantees, economic-financial rebalancing and dispute resolution. Call before the auction, before signing the construction contract or when the schedule starts to slip.
An infrastructure lawyer in Brazil works with contracts that outlast governments, economic cycles and decades of operation. Toll roads, sanitation, energy, mobility and public works involve heavy upfront investment and returns over time, and any change in rules, costs or deadlines alters the project's economics.
The legal framework includes Law 8,987/1995 on public service concessions and permits, Law 11,079/2004 on public-private partnerships, Law 14,133/2021 for works and engineering services contracted by the government, sector frameworks such as Law 14,026/2020 on sanitation, and the rules of regulatory agencies. Environmental and urban licensing, expropriations and guarantees complete the agenda.
We advise concessionaires, contractors, consortia and investors, including foreign sponsors and funds, connecting these rules to project finance and execution: a risk matrix that reflects the reality of the works, well-documented rebalancing claims, dealings with the granting authority and the regulatory agency, and strategy in dispute resolution.
Industry challenges
Unbalanced risk matrix
Contracts that shift to the private partner risks it does not control, such as delayed expropriation or licenses not issued, undermine expected returns and fuel future disputes.
Rebalancing claims without support
Rising input costs, design changes and delays by the government are only compensated when documented and formalized in time. Improvised claims tend to be rejected.
Licenses and interfaces with public authorities
Environmental licensing, urban permits and interference with other utilities' networks can halt the schedule and trigger contractual penalties.
Subcontracting and the supply chain
Consortia, subcontractors and equipment suppliers multiply the fronts of civil and labor liability, which must be aligned with the main contract.
How we help
Auctions, concessions and PPPs
We review tender notices and draft contracts, flag risks in the allocation matrix and support consortia and investors in infrastructure auctions and tenders.
Engineering contracts and consortia
We structure construction and supply contracts and consortium agreements, with a clear division of scope, guarantees, penalties and responsibilities among the parties.
Rebalancing and the granting authority
We organize the technical and legal documentation for rebalancing claims, amendments and contract reviews and lead dealings with the granting authority and regulatory agencies.
Infrastructure disputes
We act in administrative proceedings, lawsuits and complex contractual disputes, with a strategy built on the contract, the regulations and the technical evidence.
Practice areas involved
Frequently asked questions
What is the difference between a standard concession and a PPP in Brazil?
In a standard concession, governed by Law 8,987/1995, the concessionaire is paid mainly through tariffs paid by users. In a public-private partnership, governed by Law 11,079/2004, the government makes payments to the private partner, either in full (administrative concession) or as a complement to tariffs (sponsored concession).
What should we do when construction costs rise during the contract?
The first step is to document the impact and check how the contract's risk matrix allocates that event. If the risk did not belong to the company, it can request economic-financial rebalancing from the contracting party or granting authority, on a technical basis and following the procedure set out in the contract and the law.
Can foreign investors take part in concessions in Brazil?
Yes, foreign investors take part in concessions and PPPs, usually through a special purpose company incorporated in Brazil. Some sectors have specific rules on control and ownership, so the structure should be assessed case by case.
Can a concession contract provide for arbitration?
Yes, Law 8,987/1995 and Law 11,079/2004 allow private dispute resolution mechanisms, including arbitration under Law 9,307/1996. The choice of dispute resolution method should be analyzed at the tender stage, because it affects timing, cost and the expertise of whoever decides.
Do subcontractors also need legal counsel?
Yes. Subcontractors and suppliers take on obligations that depend on the main contract, and misaligned clauses leave the company exposed to late payments, passed-through penalties and labor liability along the contracting chain.
Are the risks in your infrastructure project in the right place?
Talk to us before the auction, the signing or the next claim and get a clear reading of the contract and the alternatives.