As garantias nos contratos de parcerias público-privadas (PPP) no Brasil




In the past decades, the Brazilian State has been unable to supply, by its own means, the social and economic needs of society. In recent times, it has been trying to attract the private sector in order to collaborate with it in vital areas of society. Based on this current trend, this study aims to analyze the guarantees on the contracts of Public-Private Partnerships (PPP) in Brazil. First, it was necessary to demonstrate the relations between Law and Economics, once one cannot talk about PPPs without prior adequate comprehension of basic concepts of Economics such as economic theories, economic efficiency, economic man and, especially, market. Afterwards, this study analyzed the redefinition of the role of the Brazilian State and the resulting appearance of the Public-Private Partnerships. The evolution of the State was demonstrated starting with the idea of the Liberal State and moving through the Interventionist State or Social State, the Democratic State and the neoliberal view of the State. It was then questioned whether we live in the age of a Regulatory State or a State based on the principle of subsidiarity. In this context, the study demonstrated the origins and the international experience with public-private partnerships, especially in countries such as England, Portugal, Spain and France; and the resulting consolidation of the concept of public-private partnerships in the Brazilian Law, by means of the Law 11.079, of 12/30/2004. A few important aspects of the law were analyzed: concepts, principles, objectives, object, contract, remuneration of partners, managing committee, licitation procedure, method for conflict resolution, compliance with the law of fiscal responsibility, and the control over these contracts. In addition, the study analyzed partnerships established in a few states of Brazil, especially Minas Gerais, Santa Catarina, São Paulo, Goiás, and Distrito Federal. Finally, the study demonstrated the issue related to the guarantees in the Brazilian Law, identifying the types of guarantees to be offered, the role of the Guarantee Fund, the resulting risks, the importance of solid institutions, and the definition of a stable regulatory mark for the success of partnerships in Brazil


partnerships parceria publico-privada garantia (direito) -- brasil guarantees direito contratos parceria publico-privada -- brasil contracts

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