W Capital SAFI is an investment fund manager which focuses primarily on new investment funds for real estate development and private equity. We advised W Capital in the consultancy, assessment and preparation of an administrative resource and/or tool named “Complaint for the defects of a proceeding” (compliant resource) against the Environmental Evaluation and Oversight Agency (OEFA), which is an administrative technique that is used when an ongoing administrative proceeding is detained, with no response (during the course of the time), affecting in this sense the applicant for such delay. Thus, we prepared the document regarding the “complaint resource” using strong arguments that demonstrated why the failure of OEFA regarding this fact was illegal and, at the same time, we required such entity to “activate” the proceeding in order to obtain a response from the authority, in attention to the “right of petition” of our client. Therefore, this technique pressured the OEFA to active and continue the proceeding that was being unreasonable delayed and correct the defects for which the applicant’s request was not being dealt with. The result of the application of this technique was successful and the proceeding was finally over with the response for our client regarding the specific matter of its petition.
