The Executive Branch enacted Decree No. 5441/2026, which regulates Law No. 7452/2025 on the modernization of the framework for promoting investment in public infrastructure and the provision of goods and services by the State.
The regulation establishes an operational framework for infrastructure projects financed by private capital, including initiatives under the Public-Private Partnership (PPP) regime.
It assigns the Ministry of Economy and Finance (MEF) responsibilities for the evaluation, prioritization, and monitoring of projects, and introduces provisions regarding risk management and early termination of contracts.
Among the main developments are the incorporation of early suitability analysis, greater precision in deadlines and procedural requirements, specific rules for single bidders and bid tie-breakers, recognition of preemptive rights, performance-based payment schemes, and the implementation of ex post international audits.