Concessions and PPPs framework completes a year at a standstill in the Senate

The project that creates a new regulatory framework for concessions and PPPs (Public-Private Partnerships) completed a year at a standstill in the Federal Senate, with no vote expected, last Wednesday (20).

Behind the scenes, interlocutors from the sector assess that the lack of progress on the proposal may be related to the deterioration in the relationship between Congress and the federal government and the assessment that the topic could represent a positive agenda for the Executive.

The text was approved by the Chamber of Deputies, in May 2025, under the report of deputy Arnaldo Jardim (Cidadania-SP). At the time, the expectation was that Senator Eduardo Gomes (PL-TO) would take over the report on the matter in the Senate.

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Despite this, after reaching the Senate, the project lost ground in the face of other federal government priorities considered more urgent, such as the regulation of tax reform and the proposal to expand the Income Tax exemption range for those earning up to R$5,000 per month.

The expectation of members of the sector was that, in a year without elections, less polarized agendas would advance in Congress and that the regulatory framework would be highlighted in 2025. The scenario, however, did not materialize.

This year, the government once again prioritized other agendas in the Legislature, such as the approval of a new minister in the STF (Supreme Federal Court), discussions about the end of the 6×1 scale and the attempt to block the dosimetry project.

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In order to unlock the concessions and PPPs project, representatives from the infrastructure sector have been trying to schedule meetings with the president of the Senate, Davi Alcolumbre (União-AP), for a few weeks. So far the meeting has not yet been scheduled.

The CEO of MoveInfra, Ronei Glanzmann, stated that, when talking to Alcolumbre, the senator signaled concern about points in the project that, in his view, did not need to be provided for in law and could be dealt with by infra-legal regulation or by regulatory agencies.

According to Glanzmann, removing points from the project that are currently put into practice in concessions, but which are not in law, could create regulatory fragility and legal uncertainty for investors.

He also assesses that the delay in approving the proposal deters foreign investors, especially at a time when Brazil is trying to increase the volume of investments in infrastructure.

"Brazil needs to go from R$300 billion in annual investments to at least R$500 billion in order to reach around 4% of GDP in investments. Today we are at 2.2% to 2.4%. And how do we do that? With foreign investors", he said.

In his assessment, the project can also help states and municipalities that do not yet have a consolidated technical structure to develop concession and PPP projects.

"When it goes to the state and municipal level, it is even more important to have a federal law because it already sets the guidelines for what states and municipalities can do and what they cannot do", he stated.

Recently, Senator Wellington Fagundes (PL-MT), through Frenlogi (Mixed Parliamentary Front for Logistics and Infrastructure), sent two letters to Alcolumbre asking for priority to vote on the project.

In turn, the CEO of ABCR (Brazilian Association of Highway Concessionaires), Marco Aurélio Barcelos, criticized the delay in progressing the project and said that there is no way to leave the discussion of this topic until next year.

"The project really brings a series of innovations and a series of benefits to the sector. We have prioritized the topic and coordinated with the entities and with the Senate. We are hopeful that this year we will score this goal", said Barcelos.

When asked by the report about possible adjustments to the text, Barcelos stated that the president of the Senate has not signaled any specific changes to the project so far.

Even so, he acknowledged that the text may undergo changes during processing, but considered that any adjustments cannot delay the progress of the proposal.

Shortage of investments
Sector experts assess that the proposal's halt increases legal uncertainty in long-term contracts and makes it difficult to attract private investments.

Lawyer Karina Marra Leal, a specialist in bidding and administrative contracts, states that the current model still coexists with "relevant gaps, interpretative insecurities and excessive judicialization".

"In long-term contracts, in which there are large investments, economic changeability and regulatory risk, the lack of legal predictability exacts a high price. And this price is not only paid by the contractor. It is paid by the user of the public service, by the investor who stops contributing capital and by society, which continues to wait for adequate infrastructure, sanitation, mobility, technology and services", he said.

She also assesses that the delay in voting on the project highlights the country's historical difficulty in transforming diagnoses into practical decisions.

In this sense, lawyer Andréa Navarro Franco, a specialist in business law, states that the project seeks to create a more predictable environment for the infrastructure sector, with changes in the distribution of risks and new guidelines for the economic-financial balance of contracts.

"If approved in line with the objectives for which it was conceived, the project tends to increase predictability and legal stability. With clearer rules and consolidated guidelines, infrastructure projects will be able to attract more investments, stimulating the production chain and boosting economic and social development", he stated.

Source: CNN