Compartilhamento de incentivos, riscos e resultados negociais na gestão pública contemporânea: abordagem pelas parcerias público-privadas

This paper examines the administrative contract applicable to Public-private Partnerships (PPP). The approach is made from an operability of the Public Administration perspective in the provision of public services and in the contract clauses settlement. The main purpose of this paper is to identify...

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Bibliographic Details
Main Authors: Pereira, Maria Marconiete Fernandes, Medeiros, Sergio Fernandes
Format: Article
Language:Portuguese
Published: 2017
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=6311972
Source:Revista de Direito Econômico e Socioambiental, ISSN 2179-8214, Vol. 8, Nº. 3, 2017 (Ejemplar dedicado a: setembro/dezembro), pags. 545-565
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Summary: This paper examines the administrative contract applicable to Public-private Partnerships (PPP). The approach is made from an operability of the Public Administration perspective in the provision of public services and in the contract clauses settlement. The main purpose of this paper is to identify, in the adjustment of administrative contracts the performance criteria of incentives, risks and results to be shared among the participating entities. The approach methodological is qualitative using legal and doctrinal investigation in juridic and economic literature. The research found that contractual collaboration will be achieved when the actors converged in an institutional environment of incentives that allow private initiative to participate effectively in this market, in terms of public affairs. For that, its fundamental share risks between public and private sector with results based on performance parameters of improvements.