Our Partner Diogo Nebias, an infrastructure specialist, was featured in a LexLegal article on the progress of the Santos-Guarujá Tunnel project, a work budgeted at R$ 6.8 billion with the preliminary environmental license already granted, setting the stage for the sponsored concession auction at B3.
His contribution drew attention to a critical point of the project:
"A contract that clearly defines responsibility for environmental conditions is essential, providing that the public authority will bear extraordinary costs arising from supervening requirements. Risk allocation must be balanced: the private sector should be responsible for execution and maintenance, and the State for geological and expropriation risks."
This insight underscores the importance of a well-structured contract, capable of allocating risks fairly and protecting the project's economic viability, which is fundamental to ensuring that infrastructure moves forward without imbalances or future disputes.
Why this matters for the sector
- Robust contractual governance is essential in large-scale projects with multiple interfaces (environmental, logistics, port, urban).
- A balanced allocation of risks (between the public and private sectors) is decisive for attracting investors and providing legal certainty to the concession.
- A PPP built on a solid contractual foundation strengthens the credibility of the concession system and of Novo PAC.
Read the full article on LexLegal.
