In an urban center like São Paulo, with a population of 11.9 million people, skyscrapers rise every year. As urban development continually reshapes the city, the interplay of construction, renovation and legal frameworks is paramount.
Edson Hernandes Soares, a Brazilian lawyer, consultant and entrepreneurial force at the heart of these complexities. He is the Director of FERG Service Commerce and Services Ltd (FERG Service Comércio e Serviços Ltda), which is a company specializing in building construction and renovation. He is also a seasoned expert in public procurement and administrative law. In fact, Soares offers a unique dual perspective on the challenges and future directions of these critical sectors, which are ever-changing.
With over two decades dedicated to advancing legal practices in Brazil, particularly within São Paulo, Soares’s insights are not merely theoretical; they are forged in the crucible of practical application, from the meticulous planning of construction projects to the nuanced negotiation of public contracts. His academic foundation, including a bachelor’s degree in law and a postgraduate degree in Economic Administrative Law from the prestigious Universidade Presbiteriana Mackenzie, underpins a career marked by an unwavering commitment to legal excellence and ethical conduct.
For FERG Service, a company dedicated to shaping the physical infrastructure of communities, the legal obligations extend far beyond the blueprint. Soares highlights that the most significant legal concern in building construction and renovation revolves around after-sales service and the mandatory five-year warranty on constructed properties, as required by Brazilian law.
“The biggest concern is after-sales service, where the law requires the builder to provide a five-year warranty on the constructed property,” Soares explains. “In construction, we always strive for perfection, so that the delivery of the property is made with the client’s complete satisfaction. But if any unforeseen event occurs, we assist the buyer as quickly as possible, thus achieving their full satisfaction.”
This emphasis on client satisfaction and swift issue resolution underscores a proactive rather than reactive approach to legal compliance. For construction companies in Brazil, understanding and meticulously planning for this extended liability period is crucial for financial stability and reputation. It necessitates robust quality control during construction, the use of durable materials, and a responsive post-delivery support system.
Soares’s philosophy at FERG Service embodies this commitment, recognizing that a building is not just a structure but a long-term promise to its occupants. The potential for unforeseen structural issues, defects in materials, or system failures within this five-year window demands a continuous engagement with the property and its owner, transforming legal duty into a cornerstone of customer relations.
Beyond the tangible world of bricks and mortar, Soares’s expertise shines brightly in the realm of administrative law, particularly in his role as partner and administrator of Edson Hernandes Soares Sociedade de Advogados, a firm providing comprehensive legal consultancy for private companies engaged in public procurement. Here, he identifies profound trends shaping the future of this vital legal discipline.
“The main trends focus on consensus, digital efficiency, and constitutionalization, overcoming classic bureaucracy,” Soares said. “Therefore, transparency, citizen participation, and the use of tools are valued, ensuring the best provision of public services.”
This vision paints a picture of a modernized administrative state in Brazil, moving away from rigid, slow-moving processes towards more agile, citizen-centric governance. Consensus, in this context, implies a shift towards dispute resolution mechanisms that prioritize agreement and mediation over protracted litigation, fostering a more collaborative relationship between the state and private entities.
Digital efficiency speaks to the transformative power of technology in streamlining public services, from online permitting and licensing to digital platforms for public procurement; areas where Soares’s specialized training in information technology offers a distinct advantage.
Finally, constitutionalization refers to the increasing influence of constitutional principles (such as legality, morality, impersonality, publicity, and efficiency; Article 37 of the Brazilian Constitution) in interpreting and applying administrative norms, ensuring that public administration consistently serves the broader public interest and upholds fundamental rights. These trends collectively aim to dismantle traditional bureaucratic hurdles, making public services more accessible, accountable, and effective for all Brazilians.
The complexities of administrative law often present practitioners with profound ethical dilemmas. Soares addresses this delicate issue with a clear understanding of the tension between legal duty and moral imperative.
“This is a very delicate issue, since in administrative law it involves conflicts between legal duty and morality, based on Article 37 of the Brazilian Constitution,” he explains. “Addressing these dilemmas requires overcoming simple legality, what is permitted, to focus on morality, what is fair and honest, guaranteeing the supremacy of the public interest.”
This perspective is crucial in a field deeply intertwined with public funds and services. It suggests that merely abiding by the letter of the law is insufficient; true ethical practice demands an inherent commitment to fairness, honesty, and transparency that extends beyond statutory requirements.
For administrative lawyers, this means scrutinizing decisions not just for their legal soundness but also for their alignment with the spirit of public service and the genuine well-being of the citizenry. Soares’s emphasis on the “supremacy of the public interest” serves as a guiding star, ensuring that legal advice and actions always prioritize the collective good over individual or corporate gains, a principle that resonates deeply with his own community-oriented approach.
In an increasingly digital world, technology’s role in legal work, especially within administrative law, is undeniably transformative. Soares views technology not merely as a tool but as a catalyst for profound change.
“Technology aims at transformation, often acting with efficiency, transparency, and bringing citizens and the State closer together,” he explains. “All of this profoundly impacts the conduct of administrative and concession contracts, the provision of public services, and decision-making.”
The integration of technology, from electronic document management and digital communication platforms to advanced data analytics, is revolutionizing how administrative processes are conducted in Brazil. E-procurement systems, for instance, enhance transparency and reduce opportunities for corruption in public bidding. Digital channels facilitate citizen participation and access to information, fostering greater trust between the government and its constituents. For public services, technology can streamline delivery, reduce wait times, and personalize interactions. Soares’s recognition of this technological imperative highlights a forward-thinking approach, advocating for the strategic adoption of digital solutions to build a more efficient, transparent, and responsive administrative state.
Soares’s commitment to legal excellence extends to his contributions as an educator and author. He has taught Administrative Law at various preparatory courses for the Brazilian Bar Examination (OAB) and public competitions, reflecting his dedication to nurturing future legal professionals. His publications, including a book on Administrative Law for OAB exam preparation, underscore his mastery of legal writing.
“To write and publish, one must master the technique, in addition to possessing a deep understanding of the subject matter to be addressed,” he notes. “In the case of legal writing, one must structure the facts, legal grounds, and requests in a manner that facilitates comprehension for the reader of the petition.”
This focus on clarity and structure is equally vital in the high-stakes arena of public procurement. For Soares, preparing for a public bidding case is an exacting process that leaves no room for oversight.
“In the context of public procurement, a thorough study of the relevant laws, the various stages of the bidding process, and the mechanics of contracting is paramount; this serves as the foundation and substance for engaging in both theoretical activities; publications, articles, and practical ones; participation in public tenders and auctions,” said Soares.
His deep dive into the intricacies of public procurement laws, an area where he has also served as a legal advisor for the Municipal Health Secretariat of São Paulo and a member of the bidding committee, demonstrates the rigor required to counsel businesses effectively. This meticulous preparation ensures that private companies navigate the highly competitive and legally complex world of government contracts with confidence, minimizing risks and maximizing opportunities.
By Margaret Wright
Published June 5, 2026
