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Fabricio Dorado Soler

fabricio
  • Phone: (11) 3141-4532
  • City: São Paulo
  • Languages: English, Portuguese
  • Practice Areas: Solid Waste, Energy, Climate Change, Sustainability
  • PROFILE

    The  partner responsible for Felsberg Advogados’ Environment and Sustainability Department, Fabricio Soler is specialized in Residues Law, Environmental Law, Infrastructure Law and Energy Law, being active in industrial sectors in general as well as the electro-electronic, automobile, packaging, cosmetics, pharmaceuticals, water and sanitation, agro industries, foodstuffs, construction materials, machinery and equipment, construction and engineering, textiles, forestry, timber, the retail trade, financial, technology, ports, airports, highways, waterways, pneumatics, chemicals, mining, oil and gas, steel, solid waste, public sanitation, and electrical energy generation and transmission sectors, amongst others.

    Fabricio is well known for his work in the area of solid waste, having participated in the drafting of the National Policy on Solid Waste and been active in sector agreements, reverse logistics, shared and post-consumer responsibility, Public-Private Partnerships and concessions in the area of urban sanitation and the management of solid waste.

    He is a consultant to the World Bank, a public speaker, author of various books and articles, and is guest professor on many post graduate courses and courses specializing in the environment, solid waste, infrastructure and energy.

     

    PROFESSIONAL RECOGNITION

    • In 2011, Fabricio was recognized by the international publication “Latin Lawyer” as the reference attorney in the area of Environmental Law, due to his noted activity in the area of legal issues involving solid residues.
    • In 2011, 2012, 2013 and 2014 Fabricio was highlighted by the renowned Brazilian publication “Análise Advocacia” as one of the “Most Admired Attorneys” in the “Environment” sector.
    • In 2012, 2013 and 2014 he was also cited by the prestigious international publication “Chambers and Partners” (Latin America) as one of the most admired attorneys in Environmental law.

     

    EXPERIENCE

    Recently Fabricio Soler has been active in the following areas:

    Hydroelectric projects in the Amazon region by means of interpretive analysis of the applicable legislation, highlighting the crucial environmental restrictions and drafting the legal chapters in strategic and pressing Environmental Impact Studies on Hydroelectric Uses, in accordance with Brazilian energy policy;

    Studies for the World Bank (a) Metropolitan Pollution Management in Brazil: A Case for Inclusive Green Growth, being responsible for the Legal Framework for Environmental Management in Brazil; and (b) Environmental Licensing of Hydroelectric Projects in Brazil: A Contribution to the Debate, having put together a team of legal consultants;

    Revision of the operational procedures in the oil and gas sector relating to incidents that take place at organized ports, port installations, pipelines, ships, oilrigs and their support installations, likely to cause pollution in waters under Brazilian jurisdiction;

    Bio-energy units, investment funds and rural land owners by means of environmental legal-institutional consultancy consisting of the orientation and defense of the parties in environmental public civil action cases and civil inquiries seeking environmental regularization of rural properties with a specific focus on meeting the requirements of the new Forest Code;

    Representative entities providing environmental legal-institutional consultation in the area of negotiations for the signing of Sector Agreements and Terms of Commitment, with a view to the structuring and implementation of a system of reverse logistics (post-consumer responsibility) of products: (a) domestic electro-electronics and their components (white, brown and blue lines); (b) personal hygiene, perfume and cosmetics; (c) cleaning and related issues; (d) tires; (e) lubricating oil; (f) paints; (g) issues focused on pets; amongst other companies focused on information technology (green line products), foodstuffs, meat and others;

    Defense of the interests of chemical industry companies involving contaminated areas and responsibility before the Public Prosecutor’s Office and the Environmental Agency, including legal support for the management of the dispute arising from a Civil Inquiry and administrative procedures, as well as the effects resulting from the impact on the neighboring area;

    Highway concession activities and projects through legal services relating to the fulfillment of obligations and the respective outlining of a strategy in the sphere of Terms of Commitment of Environmental Compensation;

    Port organized by means of an examination and analysis of a civil inquiry initiated by the Federal Attorney General’s Office, based upon representation of the Fishermen’s Association due to alleged environmental damages caused by the dredging operations in the estuary;

    Companies through environmental legal consultancy specializing in solid waste (PNRs, shared responsibility, post-consumer issues, sector agreements, reverse logistics systems), with a view to outlining the strategy for compliance with the National Policy on Solid Residues;

    The Porto Velho to Araraquara Transmission Lines by means of an interpretive analysis of the applicable legislation, specifically noting the crucial environmental restrictions and drafting legal chapters for the Environmental Impact Studies for Transmission Lines, the objective of which is the interconnection of the hydro-energy complex of the River Madeira in Porto Alegre with the Southeast Region (Araraquara/SP), covering a distance of approximately 2,400km.

    Administrative and Judicial Processes, especially in relation to the drafting of administrative defenses and appeals; monitoring of civil inquiries under way before the Federal and State Public Prosecutors’ Offices; assistance in the signing of the Terms for the Adjustment of Conduct (TACs); monitoring of judicial cases such as Public Civil Lawsuits, Class Actions and Environmental Fine Annulment Actions;

    Organized Port in a Program of Environmental Compensation for Drainage for the Deepening of the Port’s Shipping Canal, Development Basins and Mooring Berths, under the responsibility of the Special Department of Ports under the Office of the President of the Republic, as part of environmental licensing before Ibama;

    Drafting of a planning document for a specially protected area, here being the Management Plan for the Environmental Protection Areas (APAs) of Piracicaba / Juqueri – Mirim – Area II, the ‘Sistema Cantareira’ and the ‘Represa Bairro da Usina’, simply referred to as the ‘Piracantareira APAs’, such which can be considered as environmental services providers, notably in the form of hydro-resources.

    PROFESSIONAL ASSOCIATIONS

    • President of the Energy Law Commission of the São Paulo Branch of the Brazilian Bar Association (OAB/SP);
    • Board Member of FIESP’s Upper Council on the Environment (Cosema);
    • President of the PNRS Institute;
    • Member of the International Solid Waste Association;
    • Member of the Brazilian Association of Environmental Attorneys (ABAA);
    • Member of the Brazilian Association of Environmental Law Professors (Aprodab);

    EDUCATION

    • Graduate of the Faculty of Law of the Centro Universitário de Araraquara;
    • Specialist in Environmental Management from the Public Health Faculty of the Universidade de São Paulo (USP/SP);
    • Post-Graduate in Environmental Management and Energy Sector Business from the Instituto de Eletrotécnica e Energia of USP;
    • Executive MBA in Infrastructure from the Economics School of the Fundação Getúlio Vargas (FGV);
    • Master’s in Environmental Law from the Pontifica Universidade Católica de São Paulo (PUC-SP);
    • Currently studying for a Master’s in Environment, Health and Sustainability from the Faculdade de Saúde Pública of USP.

     PUBLICATIONS

    • Co-author of the book “Gestão de Resíduos Sólidos, o que diz a lei” (“Solid Waste Management; what the law says”) published by the Editora Trevisan publishing company;
    • Organizer of the Brazilian Code of Solid Waste;
    • Co-author of the chapter “Acordos Setoriais, Regulamentos e Termos de Compromisso” (“Sector Agreements, Regulations and Terms of Commitment”) appearing in “Política Nacional, Gestão e Gerenciamento de Resíduos Sólidos” (“National Policy, Management and Administration of Solid Waste”, published by the Editora Manole publishing company(Environment Collection);
    • Co-author of the chapter “Resíduos Sólidos: matéria em crescente judicialização” (“Solid Waste: a matter with increasing legalization” that forms part of the collection of works “Design, Resíduo & Dignidade” (“Design, Residue and Dignity”), CNPq (National Council of Scientific and Technological Development);
    • Co-author of the chapter “Aspectos jurídicos e institucionais do licenciamento ambiental de unidades agroindustriais” (“Legal and institutional aspects of environmental licensing for agro-industrial units”) that forms part of the book “Aspectos Polêmicos do Agronegócio, uma visão através do contencioso” (“Controversial Aspects of Agribusiness; a view beyond litigation”) published by the Editora Castro Lopes publishing house;
    • Other articles, publications and talks: http://lattes.cnpq.br/789749515169128
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