LS Brazil Outlook Environment under the spotlight: reconciling protection and progress Jan
2021

Environment under the spotlight: reconciling protection and progress

Controversial public policies on matters affecting the environment are placing Brazil as a central character in the environmental stage, raising new concerns and opportunities for businesses carrying out activities in the country. This January edition of LS Brazil Outlook offers our views and proposals on three matters of great relevance, all relating to the crossroads between the environment, law and public policy

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LS Brazil Outlook Salvaging the Amazon Fund 15
Jan
2021

Salvaging the Amazon Fund

The Amazon Fund is in crisis after many authorities worldwide suspended donations in response to changes implemented to its governance structure. We suggest a path towards salvaging the fund which revisits the role of Brazil’s Federal Audit...

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LS Brazil Outlook Environmental liability in Brazil: barriers for out-of-court settlements 15
Jan
2021

Environmental liability in Brazil: barriers for out-of-court settlements

Out-of-court settlements can be effective in resolving environmental liabilities and avoiding usually complex litigation. However, existing procedural and bureaucratic barriers must be removed to make such settlements more viable in Brazil

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LS Brazil Outlook Energy market in Brazil: opportunities for self-regulation and ESG 15
Jan
2021

Energy market in Brazil: opportunities for self-regulation and ESG

The increasing need for energy and a new window of investment and growth opportunities in the Brazilian energy market bring to the foreground the debate on the ideal regulatory framework. We discuss the opportunities for self-regulation and...

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LS Brazil Outlook Brazil’s 5G spectrum auction: obstacles ahead 17
Dec
2020

Brazil’s 5G spectrum auction: obstacles ahead

Uncertainty remains as to whether the Brazilian administration will bar certain technologies available to service providers in the upcoming 5G spectrum auction. Recently, telecom operators in Brazil have taken the stance that restrictions resulting...

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LS Brazil Outlook National security v. free competition 17
Dec
2020

National security v. free competition

Brazilian law lacks a broad national security exception that would allow the administration to bar the use of a specific 5G technology based on its country of origin. Requirements applicable to 5G technology in Brazil should, under the current...

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LS Brazil Outlook 5G: the shape of disputes that may come 17
Dec
2020

5G: the shape of disputes that may come

The upcoming 5G mobile network auction is expected to be entangled in disputes before administrative and judicial courts if the rules bar a given 5G technology from qualifying. Two potential battlegrounds are the Federal Audit Court (TCU) and...

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LS Brazil Outlook The interplay between GSI Rule 4 and Anatel regulations 17
Dec
2020

The interplay between GSI Rule 4 and Anatel regulations

GSI Rule 4 (Instrução Normativa 4), which establishes minimum cybersecurity requirements for the deployment of 5G networks in Brazil will require further regulation by the Brazilian Telecommunications Agency (Anatel). The timing required for...

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Article Women & Antitrust: voices from the field 03
Dec
2020

Women & Antitrust: voices from the field

Partner Mariana Tavares interviews the consultant Anne Riley on antitrust trends, challenges in building an effective compliance programme, measures to disseminate a culture of compliance in a global level and good leadership

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LS Brazil Outlook The new “banking” activities of payment institutions – an opportunity for entrepreneurs 19
Nov
2020

The new “banking” activities of payment institutions – an opportunity for entrepreneurs

New rules freed payment institutions from the regulatory burden applicable to a financial institution and its stringent requirements and allowed them to render certain banking-like services, such as custody of funds and client financing

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LS Brazil Outlook Financial and payment institutions: a comparison 19
Nov
2020

Financial and payment institutions: a comparison

A comparative analysis shows that payment institutions are subject to lighter requirements than financial institutions in terms of capitalization, incorporation process, internal structures and other aspects, in exchange for not being allowed...

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LS Brazil Outlook New Brazilian financial regulation welcomes ventures in FX and cryptoasset markets 19
Nov
2020

New Brazilian financial regulation welcomes ventures in FX and cryptoasset markets

Guidelines for the Brazilian sandbox for financial and payment innovations have just been established. The sandbox creates opportunities for ventures in the foreign exchange and cryptoassets markets, and the first cohort is scheduled for 2021

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LS Brazil Outlook Open banking and payment initiation service providers: new opportunities for foreign digital businesses 19
Nov
2020

Open banking and payment initiation service providers: new opportunities for foreign digital businesses

Open Banking and payment initiation service providers reduce costs and create business opportunities for foreign digital businesses

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