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Project finance in Brusque, a city in Santa Catarina, follows the same federal framework used across Brazil. Deals typically rely on a special purpose vehicle (SPV) and non-recourse financing backed by project cash flows, not the sponsors’ balance sheets alone. Local projects often involve energy, water, sanitation, and urban infrastructure where long-term off-take agreements are common.
Brasilian project finance rests on a mix of national statutes and municipal procedures. The overarching framework includes public-private partnership (PPP) structures, concessions, and procurement rules that affect structuring, bidding, and contracting. Local projects in Brusque must align with federal PPP and licensing regimes while complying with municipal requirements for permits and licenses.
Key elements to understand are the off-take arrangements, construction and commissioning milestones, risk allocation among lenders and sponsors, and the certainty of legal and regulatory compliance. A local attorney can help align a project’s financing plan with the applicable laws and the Brusque permitting timeline. Official sources for the core laws discussed below can be found on Brazil's Planalto government portal.
“Lei de PPPs - Lei n° 11.079/2004 - establishes norms for public-private partnerships in Brazil.”
For authoritative texts, see Planalto’s pages on Brazilian law, including the PPP regime (Lei 11.079/2004) and the new procurement framework (Lei 14.133/2021).
Lei n° 11.079/2004 - Lei de PPP and Lei n° 14.133/2021 - Nova Lei de Licitações
Scenario 1: A Brusque industrial park owner plans a 12 MW solar project to supply tenants. A lawyer helps form an SPV, drafts the term sheet, and negotiates an energy off-take agreement with a local distribution company to ensure steady cash flow for lenders.
Scenario 2: The city of Brusque launches a PPP to upgrade its wastewater treatment facility. Legal counsel models risk allocation under Lei n° 11.079/2004 and ensures alignment with the procurement rules of Lei n° 14.133/2021 for bidding and contracting.
Scenario 3: A private concession to modernize a municipal road requires performance guarantees and strict contract milestones. A lawyer coordinates bid documentation, drafting of concession contracts, and lender comfort with covenant structures.
Scenario 4: An existing project seeks debt refinancing with new lenders. A Brazilian project finance attorney reviews security packages, intercreditor arrangements, and tax considerations for a smoother close and improved debt service metrics.
Scenario 5: A cross-border investor wants to participate in a Brusque infrastructure deal. Legal counsel advises on Brazilian corporate structuring, currency/hedging issues, and compliance with local anti-corruption and tax rules.
Lei n° 11.079/2004 - Lei de PPPs. This law creates the framework for public-private partnerships and private financing of public projects, including risk allocation, viability studies, and performance guarantees. It is central to structuring long-term projects in Brusque that involve public partners.
Lei n° 14.133/2021 - Nova Lei de Licitações. This is the modern procurement law for administrative contracts, replacing much of the old regime. It governs bidding, contract formation, and oversight for infrastructure projects, including PPPs and concessions, with updated rules on governance and transparency.
Lei n° 8.987/1995 - Concessões de serviços públicos. This statute provides the general framework for private operation of public services through concessions, including tariff setting, service standards, and oversight. It remains a reference point for concession projects in Brusque.
Recent trends in Brazil include greater use of formal viability studies, increased emphasis on risk sharing with lenders, and more rigorous procurement processes under Lei 14.133/2021. Municipalities like Brusque often implement these frameworks through specific procurement notices and partnership agreements. References to the official law texts are provided below.
Lei n° 11.079/2004 - Lei de PPP
Lei n° 14.133/2021 - Nova Lei de Licitações
Lei n° 8.987/1995 - Concessões de serviços públicos
Project finance is a funding method where a project is financed with debt and equity secured by the project’s cash flows and assets. Lenders focus on the viability of the project itself rather than the overall sponsor balance sheet. A local lawyer helps structure the SPV, permits, and contracts to maximize bank comfort.
Begin with a feasibility study and a high level commercial plan. Engage a lawyer to draft the initial term sheet, select an SPV, and map the regulatory approvals required by Lei 11.079/2004 and Lei 14.133/2021. Then approach lenders with a robust off-take and risk allocation plan.
An SPV is a separate legal entity created to own and operate the project. It isolates project risks from sponsors and enables lenders to rely on project cash flows. In Brusque, the SPV often signs procurement, construction, and off-take contracts tied to the project’s performance.
Costs vary by deal size and complexity. Expect a base fee for due diligence and contract drafting plus success-based components tied to the closing. The lawyer can provide a retainer estimate and a milestone-based fee schedule during the initial engagement.
Yes, if your project involves a public partner and a PPP arrangement. Lei 11.079/2004 governs PPPs nationwide, setting standards for viability studies, risk allocation, and contract structure in Brazil. Local Brusque practices will adapt this framework to the city’s procurement processes.
Timeline varies widely with project type and approvals. A solar or private concession can close in 6-18 months, while complex urban infrastructure may take longer. A lawyer helps create a realistic schedule with milestones and regulatory approvals.
Foreign participation is common in Brazilian project finance, subject to tax, foreign exchange, and remittance rules. Counsel ensures compliance with Brazilian corporate, tax, and regulatory regimes and coordinates with local partners.
For energy projects, a PPA provides predictable revenue. It is typically required by lenders and helps in achieving financing milestones. A local attorney negotiates terms, termination rights, and creditworthiness provisions.
Most infrastructure and energy projects require environmental licensing at state and municipal levels. Your lawyer navigates IMA-SC processes, filing requirements, and potential conditions that impact project timing.
Licensing can take several months to over a year depending on project type and complexity. A lawyer helps map the sequence of licenses, prepare documentation, and manage public public participation requirements.
PPPs are partnerships where the private sector delivers public services with shared risks and performance criteria. Concessions grant private operators rights to provide and charge for a service. Both use private financing but differ in risk, ownership, and governance structures.
There are standard form provisions used in many deals, but each project typically requires tailoring. A lawyer drafts term sheets, security documents, and intercreditor agreements to fit local laws and lender expectations.
Lei n° 11.079/2004 - Lei de PPPs. Official text and scope of public-private partnerships in Brazil. Planalto - Lei 11.079/2004
Lei n° 14.133/2021 - Nova Lei de Licitações. Updated procurement regime for federal, state, and municipal contracts. Planato - Lei 14.133/2021
Lei n° 8.987/1995 - Concessões de serviços públicos. Legal framework for private provision of public services. Planalto - Lei 8.987/1995
Define the project scope and whether a PPP, concession, or pure project finance structure best fits your goals. Clarify the expected project size, location in Brusque, and intended lenders.
Identify local counsel with infrastructure and project finance experience in Brusque and Santa Catarina. Look for recent deal experience and lender familiarity with Brazilian standards.
Gather core documents early, including feasibility studies, off-take agreements, land rights, permits, and draft financing term sheets. This streamlines due diligence and speeds negotiations.
Request an engagement proposal with a clear fee structure, milestones, and deliverables. Ensure the agreement covers conflicts of interest and file-sharing protocols.
Conduct an initial due diligence session to assess regulatory, tax, environmental, and contractual risks. Use findings to refine the financing timetable and security package.
Negotiate with lenders and the public partner in parallel, aligning risk allocation with Lei 11.079/2004 and Lei 14.133/2021. Prepare a robust covenant package and intercreditor arrangements.
Close the transaction with a signed financing agreement, project contracts, and all required licenses. Establish monitoring and governance processes for ongoing compliance.
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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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