Put Christian Fernandes Rosa, Andre Jerusalem and Beatriz Wehby – 04/06/2020

In a recent debate promoted by the National Bank for Economic and Social Development (BNDES) in YouTube, The president of the organization, Gustavo Montezano, and the current Minister of Infrastructure (MinInfra), Tarcisio Gomes de Freitas, participated, speaking about future privatization projects for the transport sector (including the port sector).

According to President Gustavo Montezano, although the government is focused on actions to combat the coronavirus pandemic, it is still thinking long-term, that is, about investment agendas to resume infrastructure projects. BNDES director Fábio Abrahão mentioned that attracting investors from abroad – for a greater diversity of participants – strengthens the relationship with the end consumer and creates a healthy market.

Currently, BNDES has an investment portfolio of infrastructure projects worth approximately R$190 billion, with MinInfra participating in several of them. For example, a contract was signed between the two parties to prepare technical studies for structuring concessions for more than 7,000 kilometers of highways in 13 states of the federation.

In the same debate, the Minister of Infrastructure spoke about the goal of attracting R$250 billion in private investment in the coming years for a wide range of projects. According to the Minister, there are perfect conditions for attracting these investors, as there are “good models” and portfolios, as well as considerable rates of return and credit. In addition, the Minister highlighted that several investments have already been made. roadshows to present the projects, with great interest in such projects.

We highlight that infrastructure projects are an interesting investment alternative, as they can be raised through so-called incentivized debentures, regulated by Law No. 12,431/11, and which are completely exempt from Income Tax.

The Public Law & Compliance and Capital Markets team at Mazzucco & Mello Advogados has extensive experience in public-private contracts, as well as in the issuance of incentivized debentures, and is available to provide any clarification.