Ms Fernanda Gueiros Bernardes

Fernanda Gueiros Bernardes


Energy & Natural Resources

OnDemand: Opposition to energy projects
Brazil | 27 February 2017

While all kinds of energy project may face opposition to some extent, hydropower dams have proven to be the most contentious due to their environmental and social impact. In light of this, it is crucial for the government and stakeholders to ensure that specialists are fully heard regarding the viability and need for individual projects, in order to decide whether opposition is reasonable and to ensure that the country's best interests are fulfilled.

Federal court suspends FPSO international tender launched by Petrobras
Brazil | 20 February 2017

A recent decision rendered by the Brasilia Federal Court of Appeals suspended one of the most anticipated Petrobras international tenders for the charter and operation of a floating production, storage and offloading unit in the Libra field, the largest oil field in the pre-salt region. The suspension will remain in effect until the Brazilian National Agency of Petroleum, Natural Gas and Biofuels rules on Petrobras's local content waiver request.

New law enacted for alterations to pre-salt rules
Brazil | 12 December 2016

President Michel Temer recently enacted Law 13.365/2016. The law makes the participation of Petrobras as the exclusive pre-salt operator optional, while setting out Petrobras's pre-emptive right. With the enactment of the new law, the Brazilian government is preparing to conduct the second production sharing round, which will offer four pre-salt areas, in the second half of 2017.

Shipping & Transport

Superior Court of Justice recognises validity of foreign ship mortgages
Brazil | 29 November 2017

The Superior Court of Justice has reversed previous Sao Paulo State Court rulings and recognised the validity of foreign ship mortgages in Brazil. Respecting the acts of sovereignty of countries where vessels are registered, the court highlighted the economic importance of acknowledging ship mortgages of foreign states and emphasised that large vessels must be registered in their flag states and that these registrations have extraterritorial effects.

Superior Court of Justice rules on limitation periods for container demurrage claims
Brazil | 25 November 2015

The Superior Court of Justice recently issued a decision which settled the longstanding debate regarding the applicable statute of limitations for container demurrage claims. Although the Superior Court's position has now been established, no specific law has been enacted. As such, the applicable limitation period for demurrage claims may change in the future.