When considering market niches for lawyers, it's undeniable that the Brazilian electricity sector has been gaining immense prominence. This is not only because it operates in a multidisciplinary way with other fields of knowledge, but also because the Brazilian electricity sector is viewed as very sophisticated by young lawyers.
Therefore, if you seek to excel professionally in law, you will need to understand the niche of the electrical sector; a market that, in addition to being very financially attractive, offers numerous career opportunities.
What does a lawyer specializing in the Brazilian electricity sector do?
As mentioned, there are many possibilities! Both in the public and private sectors. This is because, since there are few highly skilled professionals in the market, the chances of success in this field are high.
Furthermore, when a legal professional specializes in the Brazilian electricity sector, they don't necessarily need to "practice law" in that area. There are other possibilities that we will present in this article:
The Brazilian Energy Sector and Arbitration
It is known that the 2015 Code of Civil Procedure lists arbitration as a method of conflict resolution.
Because its procedures are largely governed by the will of the parties, arbitration is a widely used tool for resolving major disputes, especially when those disputes involve sums of millions of dollars.
To cite an example, in early 2022, in an unprecedented decision, Aneel authorized the use of arbitration in a dispute involving the rebalancing of the economic relationship between the parties in a concession contract.
The decision by Aneel is of great importance, since arbitration is a means of dispute resolution that can contribute to the dejudicialization of the sector.
In fact, when a conflict is brought before the Judiciary, the issue to be decided can take years to be resolved, which rarely happens when such conflicts are submitted to arbitration.
For those interested in the field, there is a study called "Arbitration in Numbers," which is conducted annually by professor and lawyer Selma Lemes.
According to data collected by the professor, arbitration disputes totaled R$ 64,52 billion and R$ 55,20 billion, respectively, in 2020 and 2021. Arbitrations involving the energy sector and public-private partnerships (PPPs), i.e., those involving public administration, are frequently found.
Therefore, if you wish to practice law in the Electricity Sector, you should be familiar with both the Arbitration Law and the specific rules applicable to the sector.
Doctrinal opinions and views in the Energy Sector
For those specializing in the Brazilian Electricity Sector, there is also an excellent opportunity: the preparation of doctrinal opinions and reports.
In the case of a legal opinion, in particular, it is a document that presents a lawyer's technical view on a specific matter, in this case, the energy sector.
Opinions can be prepared for individuals and private companies, as well as for the public sector. For example, the Federal Government website contains numerous opinions and technical notes on the energy sector.
Furthermore, if you wish to learn how to prepare a legal opinion (that is, what the rules, structure, and other points are), you should take a look at our blog article " How to prepare a legal opinion? Step-by-step for lawyers ". There we tell you the "step-by-step" process for preparing this document.
Advisory legal services in the Energy Sector
This is the dream of many professionals: advisory legal practice. In particular, within the electricity sector, many opportunities can be found.
This is because companies often have professionals on their team who monitor contracts, gather data, conduct legal research on the business environment in which the company operates, among other activities.
Indeed, whether for drafting legal opinions or assisting business owners in making decisions for their business, a lawyer's insight is fundamental. This is because, when the professional understands the legal system, the decision tends to be clearer, avoiding potential future risks.
Furthermore, the challenges in this area are numerous! The professional specializing in the energy sector, in turn, must bear in mind that they will be working on cases that require a more sophisticated legal strategy, especially given the complexity of the subject matter and the financial investment involved.
M&A and the Energy Sector
Mergers and acquisitions (M&A) are gaining momentum in the Brazilian market every day.
By way of example, it's good to keep in mind that in a merger, two organizations join forces, collaborating to create a new one; while in an acquisition, one company takes control of another.
In general terms, mergers and acquisitions can be motivated by various situations, and this varies according to the market. However, it is possible to observe a predominance of strategic objectives focused on corporate growth.
In Brazil, according to data collected and provided by the Transactional Track Record annual report (2021), there was a market movement of R$190,1 billion reais, with 717 mergers and acquisitions registered.
When we talk about the energy sector, it's clear that large corporations are constantly seeking investments and consolidating M&A transactions in the Brazilian energy sector.
This is because Brazil is known worldwide in the field of clean and renewable energy, a recognition given by the United Nations (UN), which chose it as one of the leading countries in the energy transition towards a low-carbon economy.
In short, excellent opportunities can be found, whether as a lawyer, consultant, researcher, or expert witness in the Energy Sector! To achieve this, specialization is essential!
Specialization in the Energy Sector
There's a clear rule when you're looking for opportunities in niche markets: those professionals with cutting-edge training tend to achieve better results.
Therefore, if you wish to work in this area, it is essential that you specialize in Energy Sector Regulation . This is because, in a specialization, in addition to studying the entire structure of the sector, you will also learn about the entire structure of Public and Private Administration surrounding the Energy Sector.
Furthermore, the possibility of taking a specialization course with the best professors in Brazil in the Energy Sector, in a live online course, becomes very advantageous! In addition to being an excellent opportunity for networking.
So, you already know: dedicate yourself to your studies and invest in your professional growth. That's how we build our reputation and make history in Law. To gain respect in our profession, which, at the end of the day, demands a great deal of intellectual capital, it is necessary to build a career based on a lot of study.
Thank you very much for your attention, and I'll see you in our next article!
References
Transactional Track Record Report (2021)
