1. II Brazil Infrastructure Investments Forum Prospects for the Transportation and Logistics Sectors in Brazil Marçal Justen Filho 20.10.2011

2. 2 1. Economic concerns and the legal perspective - need for an expansion in the field of transportation infrastructure - US$17 billion investment by the Federal Governmentin urban mobility works.

3. 3 2. The systemic nature of Brazilian regulation - All undertakings are subjected to the same standardized general norms

4. 3. The constitutional reach of the issue (Article 21 of the 1988 Constitution) “The Union shall have the power to: … XII - operate, directly or through authorization, concession or permission: … c) air and aerospace navigation and airport infrastructure; d) railway and waterway services between seaports and national borders or which cross the boundary of a state or territory; e) interstate and international highway passenger transportation services; f) sea, river and lake ports”. 4

5. 4. Future prospects: direct investments - Subway, BRT (Bus Rapid Transit) and Light Rail Transit systems in several cities - Some of the works will be performed directly by the Union, but in many cases their execution will fall to the States and Municipalities 5

6. 5. Future prospects: performance through concession - Concession for the construction of infrastructure and the later exploration of the collective transport services 6

7. 6. Future prospects: expansion of the infrastructure through concession - The existing infrastructure will be expanded through concession contracts 7

8. 7. The question of logistics - The integration of the modes of transport is regarded to be quite imperfect - The cases of river transportation, ports and airports 8

9. 8. The chosen legal model - Brazil has a long-standing tradition regarding the legal models for most of the contracts planned 9

10. 8.1. Contracting through public bid 8.1.1. Standardizing the rules for public bids 10

11. 8.1.2. Fixating predetermined and objective parameters 8.1.3. The equality between Brazilians and non-Brazilians 11

12. 12 8.1.4. The possibility of the founding of consortia 8.1.5. The control exerted by the Brazilian Court of Accounts

13. 13 8.2. Providing advisory services 8.3. Public works contracts

14. 14 8.4. Traditional concession contracts 8.5. Public-Private Partnership contracts

15. 15 9. Sector regulation - ANAC, ANTT and ANTAQ 10. Future prospects under a legal perspective - Clear governmental decision in transferring the operation of transportation activities to private agents