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Adriana Simões

Adriana Simões
+55 11 3147 4642 adriana.simoes@mattosfilho.com.br São Paulo – Paulista

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Experience

Adriana specializes in Aviation Law, focusing on lease, purchase and sale, and financing of aircraft and aviation equipment, as well as contractual and regulatory matters related to the National Aviation Agency (ANAC) and other aviation regulatory authorities. She is closely involved in airport infrastructure matters, as well as contracts and project development. Adriana is a member of the Aviation Law Committee, the Space Law Committee of the International Bar Association (IBA), the International Aviation Womens Association (IAWA), Latin American and Caribbean Air Transport Association (ALTA), Aviation Working Group (AWG), the Brazilian General Aviation Association (ABAG), and the Brazilian Bar Association Aeronautical Law Commission – São Paulo Chapter (OAB/SP).

Education

Bachelor of Laws – Faculdades Metropolitanas Unidas (FMU)

Postgraduate degree in Contract Law – Pontifícia Universidade Católica de São Paulo (PUC-SP)

Extension course in Real Estate Law – Escola Paulista de Direito (EPD)

Recognitions

Chambers Brazil (formerly Chambers Latin America) – Aviation (2012) and Aviation: Finance (2018-2021)

The Legal 500 – Next Generation partners – Transport: Aviation (2022)

Who’s Who Legal Brazil – Transport (2021)

Who’s Who Legal Global – Aviation Finance (2021)

Único. The Mattos Filho news portal

Authored publications

Mattos Filho in the media

With Adriana Simões

The Brazilian Aviation Market is open for unlimited foreign investment in Brazilian Air Companies

Published on December 13, 2018, Provisional Measure No. 863/2018 (“MP“) amended the Brazilian Aeronautics Code (Law No. 7,565/1986, also known as “CBA”) to modify the conditions for the granting of concessions for scheduled air transportation services and the authorization for on-demand air transportation and specialized air services. 

As amended by MP, article 181 of the CBA now allows, without limitation, direct foreign investment in Brazilian air companies, such as airlines and air taxis, provided they are incorporated under Brazilian law, with headquarters and administration in Brazil. 

The MP also revoked articles 184, 185 and 186 of the CBA, excluding the requirement of approval by the Brazilian Nacional Agency of Civil Aviation (“ANAC”) of commercial airlines and other companies’ constitutive acts.

Such reduction of bureaucracy and the exclusion of the former restriction for foreign investors to hold more than 20% of the voting shares of said companies seek to reduce obstacles to the development of Brazilian’s air transportation sector.

The MP began to produce its effects on the date of its publication on the Official Gazette. As its name suggests, the MP is a category of temporary legislation which needs to be converted into federal to maintain its effects and which shall, therefore, be reviewed by both houses of Brazilian Congress and sanctioned by the President of the Republic.

In that sense, on May 21, 2019, the plenary of the Chamber of Deputies voted for the approval of the text of MP with certain amendments, in the form of Bill No. 12/2019 (“Bill No. 12/2019”).   

Bill No. 12/2019 was approved by the Federal Senate on May 22, 2019, confirming the opening of the Brazilian market to unlimited foreign investment proposed by the President of the Republic. However, the Federal Senate kept the amendments which resumed the obligation of the minimum baggage allowance to be offered by airlines, until then permitted by Resolution No. 400/2016 issued by ANAC.

The President of the Republic, in use of his constitutional attributions, partially vetoed yesterday, June 17, 2019, the text of the Bill No. 12/2019 pertaining the mandatory minimum baggage allowance to be offered by airlines.

Thus, the veto of such specific amendment shall now be appreciated by the Brazilian Congress. In any case, the reduction of bureaucracy and the opening of the Brazilian aviation market to unlimited foreign investment remains duly approved, pursuant to Law No. 13,842 of June 17, 2019.

Areas of expertise

Reuters

Brazil lower house votes to allow foreign airlines in domestic market

Brazil’s lower house of Congress voted on Tuesday to allow foreign-controlled airlines to operate domestic flights in Latin America’s largest economy, opening the door to more competition in an increasingly concentrated market.

The chamber approved the original text of a decree issued by former President Michel Temer in December that removed the 20% limit on foreign ownership of Brazilian airlines.

However, debates continued into the night, with voting scheduled to tweak the final language of the bill that will be sent to the Senate. The upper chamber is expected to pass the measure, which would then go into effect immediately. Click here and learn more

Areas of expertise

Call for Studies for the 6th Round of Airport Concessions was disclosed by the Ministry of Infrastructure

The Civil Aviation Secretary – SAC of the Ministry of Infrastructure – disclosed notice for public call for studies No. 2/2019, seeking to receive, develop and compile projects, surveys, investigations and technical studies, to assist with the modeling of the 6th round of airport concessions, which includes 22 airports.

The 6th round of airport concession will occur in blocks, representing 22 airports, as follows:

South Block: Airports of (i) Curitiba (in the state of Paraná), (ii) Foz do Iguaçu (in the state of Paraná), (iii) Navegantes (in the state of Santa Catarina), (iv) Londrina (in the state of Paraná), (v) Joinville (in the state of Santa Catarina), (vi) Bacacheri (in the state of Paraná), (vii) Pelotas (in the state of Rio Grande do Sul), (viii) Uruguaiana (in the state of Rio Grande do Sul), and (ix) Bagé (in the state of Rio Grande do Sul).

North Block: (i) Manaus (in the state of Amazonas), (ii) Porto Velho (in the state of Rondônia), (iii) Rio Branco (in the state of Acre), (iv) Cruzeiro do Sul (in the state of Acre), (v) Tabatinga (in the state of Amazonas), (vi) Tefé (in the state of Amazonas) and (vii) Boa Vista (in the state of Roraima).

Central Block: (i) Goiânia (in the state of Goiás), (ii) São Luís (in the state of Maranhão), (iii) Teresina (in the state of Piauí), (iv) Palmas (in the state of Tocantins), (v) Petrolina (in the state of Pernambuco); and  (vi) Imperatriz (in the state of Maranhão).

Any individual or private entity is eligible to submit studies. For the development of projects, surveys, investigations and technical studies, it is necessary to submit a request for authorization.

The request for authorization must be submitted to the Civil Aviation Secretary – SAC of the Ministry of Infrastructure – within thirty days from the date of the notice for public call for studies, that is, on April 17, 2019. It must contain the following information: (i) complete qualification of the interested party; (ii) indication of which blocks the applicant intends to study; (iii) demonstration of prior experience of the interested party in projects similar to the one requested; (iv) detail of the activities that it intends to carry out and a schedule for completion of each phase of the project and the final date for the delivery of the works; (v) express indication of the intended amount of compensation, including information that details the basis for calculation of the compensation; and (vi) a declaration transferring the rights associated with the selected projects, surveys, investigations and technical studies to the government.

In addition to the requirements listed above, in order to obtain the authorization for the studies it is required a declaration that the studies, if chosen by the Selection Commission, invalidates the direct or indirect participation of the interested party on a future bidding process. In order words, if the Selection Commission chooses a certain study, the winning party will not be able to compete in a future bid of the block subject to that study.

The period to submit the studies ends in one hundred and fifty days from the date of publication of the authorization, as stated in item No. 9.1 from the public call for studies, However, the Ministry of Infrastructure, based on justified grounds, may extend this period.

According to the item No. 6 of the public call, the projects, surveys, investigations and technical studies regarding the public call must contain the following topics for each airport:

  1. Market studies;

  2. Engineering studies and related information;

  3. Environmental studies and;

  4. Economic and financial assessment.

The maximum nominal amount of compensation is of BRL 34.369.576, 00 (thirty four millions, three hundred and sixty nine thousand and five hundred and seventy six reais) for the South Block, BRL 27.170.746, 00 (twenty seven millions, one hundred and seventy thousand and seven hundred and fourty six reais) for the North Block and BRL 25.268.706, 00 (twenty five millions, two hundred and sixty eight thousand and seven hundred and six reais) for the Central Block.

The Ministry of Infrastructure published an article on the public call for studies, which can be accessed by clicking here.

The public notice was published on the Official Gazette on March 18, 2019 and it can be accessed by clicking here.

The public notice for the concession of the airports, containing the concession terms, values and other information will be published in the future and it will be based on studies presented by the interested parties, according to the public call for studies. There is no estimated date for the publication of the public notice for the concession, which must be submitted to the Federal Court of Auditors (Tribunal de Contas da União – TCU) for approval. 

For additional information regarding the next steps for the bid or consultancy on the ongoing concession proceedings, please contact our partners in the infrastructure and aviation teams.

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