Abstract

RANGEL ROSSO NELSON, Rocco Antonio. NOTES ON THE FEDERAL LAW INTRODUCING PUBLIC AND PRIVATE PARTNERSHIPS IN THE BRAZILIAN LEGAL SYSTEM. Prolegómenos [online]. 2018, vol.21, n.42, pp.33-55. ISSN 0121-182X.  https://doi.org/10.18359/prole.2848.

The article assesses the pressing need of the contemporary state, which takes advantage of the "market," to renew its infrastructure and confirms the shortage of public budget. However, in Brazil, the execution of administrative contracts under Law 8.666/93 and Law 8.987/95 transfers all costs and responsibility to the private entity, which does not drum up "market" participants' interest in investing in public works and services desired by society. The research concerned makes use of a qualitative analysis method and hypothetical-deductive approaches of descriptive and analytical nature to analyze Law 11.079 of 2004. This establishes general rules for the bidding and procurement of public-private partnerships in the field of public administration, introducing a new administrative contract format into the Brazilian system, in order to spark the interest of private partners in urgent infrastructure projects.

Keywords : Administrative contracts; instrument; public-private partnership; right to infrastructure.

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