Partner of the Demarest’s Energy area, Raphael Gomes has a Bachelor’s Degree by the Federal University of Rio de Janeiro – UFRJ and a Post-Graduation’s Degree in Corporate Law with specializations in Regulatory Law of Electric Energy and Civil Procedural Law by Getúlio Vargas Foundation – FGV-RJ. Specialized in regulatory matters in both the Free Contracting Environment (ACL) and the Regulated Contracting Environment (ACR). He has broad experience in litigation and advisory issues involving Generators, Distributors, Transmitters, Free Consumers, Regulatory Agency and Granting Authority.

Raphael was a visiting Professor for courses at the Law School of the Brazilian Bar Association (ESA-OAB/SP), the Brazilian Institute of Energy Law Studies (IBDE), the Institute for Advanced Law Studies (IAED/MG) and the National School of Magistracy. He began his career in the electric sector at Endesa Group, in which he worked in the areas of generation, commercialization, import and export of energy. For 7 years, he held the position of Regulatory Legal Manager at the Electric Energy Trading Chamber – CCEE.

Experience

— Advised a major energy consumer in the telecommunications sector, structuring and implementing a Distributed Generation Project with a value of US$ 3 billion

— Advised Ferbasa in the acquisition of Wind Power Plant owned by Santander, in the amount of R$ 811.7 million

— Advised the concessionaire of the largest private hydro power plant in the country in administrative proceedings before ANEEL and in legal litigation involving the recognition of excluding of responsibility. The estimated amount involved is US $ 1.2 billion

— Advised Vale in the structuring of the Self-Production Energy Project. Estimated amount involved of US$ 1,2 billion

— Advised a concessionary for the use of public property regarding the contractual and regulatory management of its EPC Contracts for Construction and Assembly of one of the largest Hydroelectric Power Plants in Brazil, including the management of claims and counterclaims. The estimated amount involved in these contracts is US$ 4.3 billion

Education

 Post-Graduation in Corporate Law with specialization in Regulatory Law of Electric Energy and Civil Procedural Law, both by Getúlio Vargas Foundation (FGV/RJ), Rio de Janeiro (2008)

Bachelor of Laws by the Federal University of Rio de Janeiro (UFRJ), Rio de Janeiro, Brazil (2003)

Associations

— Director of the Brazilian Institute of Energy Law Studies – IBDE

— Member of the Energy Commission of the Brazilian Bar Association of São Paulo Section (OAB/SP)

— Invited Professor of the specialization course of the Brazilian Institute of Energy Law (IBDE)

— Invited Professor of the Brazilian Electrical Sector for the Judiciary course, of the Association of Brazilian Magistrates and the National School of Magistrates

— Member of the panel of arbitrators of the Brazilian Chamber of Arbitration in Public Administration (CAMBRAAP)

— Invited Professor of the specialization course in Regulation of Electric Energy of the Institute of Advanced Studies in Law (IAED / MG)

— Invited Professor of the Energy Sector’s course of the Superior School of the Advocacy of the Brazilian Bar Association of the São Paulo Section (ESA-OAB / SP)

Publications

— Author of the article “The Electricity Sector and the Structure of the Short-Term Market in Brazil” (Published on the book “Energy Law and Regulation in Brazil”).

— Co-Author of the article “The recent bankruptcies of Energy Traders: Is it a market problem or a purely bilateral issue? How to solve this issue?” (Published on the website Canal Energia)

— Author of the article “Judicial Branch x Regulatory Agency – The possibility of changing regulatory rules by judicial preliminary decisions.” (Published on the website Canal Energia)

— Co-author of the article “Isenção de PIS/Cofins é mais um incentivo para os consumidores investirem em projetos de geração distribuída” (Published on the website Migalhas).

— Author of the article “A operacionalização das decisões judiciais no setor elétrico brasileiro e a estrutura do Mercado de Curto Prazo” (“Fullfilment with judicial decisions in the Brazilian electricity sector and the structure of the Short-Term Market”), published at the IBDE Energy Law Magazine.

— Author of the article “A regulação da Tarifa Branca – Possibilidade de redução no valor da tarifa” (“White Tariff – Possibility of decrease of the tariff rate”), published on the websites Canal Energia, Portal PCH and UDOP.

— Author of the article “A sobrecontratação das Distribuidoras e a resolução normativa ANEEL nº 711/2016” (“The over-contracting of the Energy Distributors and the ANEEL normative resolution nº 711/2016”), published on the websites Canal Energia and Portal PCH.

— Author of the article “A renovação das concessões de distribuição de energia elétrica” (“The renewal of electricity distribution concession”), published on the websites Canal Energia and Portal PCH.

— Co-author of the article “Tratamento fiscal e o incentivo à geração distribuída” (“Tax treatment and incentive to the distributed generation”), published on the website Jota.

— Author of the article “Breves considerações sobre o MRE e a conjectura atual” (“Brief Considerations on the Energy Reallocation Mechanism and the Current Conjecture”), published on the website Migalhas.

— Author of the article “A instituição do Comercializador Varejista no mercado livre de energia” (“Establishment of the Wholesale Trader in the Free Energy Market”), published on the websites Canal Energia and Migalhas.

Languages

Portuguese, English and Spanish