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) framework.
It assigns the Ministry of Economy and Finance (MEF) responsibility for the evaluation, prioritization, and monitoring of projects, and introduces provisions regarding risk management and the early termination of contracts.
Among the key developments are the inclusion of an early suitability analysis, greater precision regarding deadlines and procedural requirements, specific rules for sole bidders and bid tie-breakers, recognition of preemptive rights, performance-based payment schemes, and the implementation of ex post international audits.
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